Sugenthiran a/l Paramasivam v Deputy Minister of Home Affairs, Malaysia & 3 Ors [2024] 4 AMR 357, FC

Criminal procedure – Habeas corpus – Appeal – Detention under s 6(1) of the Dangerous Drugs (Special Preventive Measures) Act 1985 ("the Act") – Advisory Board under the Act refused detainee's requests to call material witnesses on account of lack of prescribed rules – Recording of statement under the Act conducted with investigating officer acting as Tamil interpreter for detainee – Whether non-calling of material witnesses by Advisory Board violated detainee's rights under s 12 of the Act and Article 5, 8 and 151 of the Federal Constitution – Whether absence of independent translator violated provisions of the Act – Whether detainee deprived of fair hearing – Whether writ of habeas corpus ought to be allowed – Dangerous Drugs (Special Preventive Measures) Act 1985, ss 6(1), 12 – Federal Constitution, Article 5, 8, 151

Globalmariner Offshore Services Sdn Bhd & 2 Ors v TH Heavy Engineering Berhad (in creditors’ voluntary liquidation) & 2 Ors (and Another Originating Summons) [2024] 4 AMR 373, HC

Company law – Liquidators – Appointment of – Creditors' voluntary winding up – Creditors sought orders for companies to be wound up compulsorily by court and liquidators appointed by companies be replaced with court-appointed independent liquidators – Whether there was likelihood of unfair voluntary liquidation process – Whether voluntary liquidation was undertaken for ulterior purposes – Whether company appointed liquidators lacked impartiality – Whether biasness displayed in favour of directors who appointed them – Whether compulsory winding up ought to be allowed with court appointed liquidator – Whether court's intervention warranted – Companies Act 2016, s 451(2)

Company law – Winding up – Creditors' voluntary winding up – Creditors sought orders for companies to be wound up compulsorily by court and liquidators appointed by companies be replaced with court-appointed independent liquidators – Whether there was likelihood of unfair voluntary liquidation process – Whether voluntary liquidation was undertaken for ulterior purposes – Whether company appointed liquidators lacked impartiality – Whether biasness displayed in favour of directors who appointed them – Whether compulsory winding up ought to be allowed with court appointed liquidator – Whether court's intervention warranted – Companies Act 2016, s 451(2)

PJ Centrestage JMB v Cherish Springs Sdn Bhd & 4 Ors [2024] 4 AMR 408, HC

Building and common property – Common property – Accessory parcels vis-à-vis car parks – Claim by joint management body ("JMB") over common property in development area – Strata titles for common property issued and registered solely in developer's name – Common property sold to another company which subsequently assigned it to banks in lieu of term loans – Whether JMB lacked locus standi in absence of local authority's requisite permission – Whether common property sold constituted project's "common property" as defined under s 2 of the Building and Common Property (Maintenance and Management) Act 2007 – Whether developer's strata titles of common property indefeasible – Whether sale of common property valid – Whether assignment of common property to banks valid – Building and Common Property (Maintenance and Management) Act 2007, ss 2, 45(1), (2) – Contracts Act 1950, s 24(a), (b) – Evidence Act 1950, s 114(g) – National Land Code, s 340(1)(a), (b), (2)(b), (c), (3), (3)(a) – Rules of Court 2012 – Specific Relief Act 1950, s 53 – Strata Management Act 2013, ss 15(1), (b)(iv), (3), (3)(g), (4) – Strata Titles Act 1985, ss 9(g), 34(1)(b), (2), 69