Ketua Pengarah Hasil Dalam Negeri v Yayasan Buah Pinggang Kebangsaan Malaysia [2024] 4 AMR 585, CA

Administrative law – Remedies – Judicial review – Limitation – Tax-exempt status revoked by Inland Revenue Board ("IRB") in its 2019 letter – Revocation confirmed by letter in 2020 after review/reconsideration – Judicial review application predicated on IRB's 2020 letter – Whether application made within time period stipulated in Order 53 of the Rules of Court 2012 – Whether application time-barred – Income Tax Act 1967, ss 44(6), 45 – Rules of Court 2012, Order 3 r 2, Order 53 r 3(6)

Sathiaraj a/l Kundaiah v Public Prosecutor [2024] 4 AMR 617, CA

Criminal law – Offences affecting the human body – Murder – Appeal against conviction and death sentence – Conviction purely based on circumstantial evidence as there were no witnesses – Defence of drug intoxication rejected by trial judge – Whether trial court erred in failing to consider defence of insanity under s 84 of the Penal Code – Whether trial judge could raise said defence on his own accord – Whether conviction and sentence safe – Whether appellate intervention warranted – Abolition of Mandatory Death Penalty Act 2023 – Criminal Procedure Code, s 342 – Penal Code, ss 84, 85, 85(2)(a), (b), 302

Hassnar b Hj MP Ebrahim v Nurfarhana bte Tampong & Anor [2024] 4 AMR 629, HC

Tort – Defamation – Libel – Claim for damages – Appeal – Statements on plaintiff made in Facebook post – Whether impugned statements defamatory – Whether attributable to plaintiff and published – Whether presumption under s 114A(1) of the Evidence Act 1950 rebutted – Whether there was merit to first defendant's defence of justification – Whether plaintiff entitled to damages of RM1 million – Evidence Act 1950, s 114A(1) – Rules of Court 2012, Order 78 r 3(2)

Khaled Abdullah Lafi Nasser & Anor v Sentuhan Budiman Sdn Bhd & Anor [2024] 4 AMR 644, HC

Civil procedure – Striking out – Application for – Second plaintiff and its alleged alter ego's authorised representative ("first plaintiff") filed suit for breach of contract against defendants regarding share sale transaction – Second plaintiff struck off from companies register while first plaintiff not member or director therein and stranger to share sale agreement – Whether plaintiffs had locus standi to file suit – Whether application to reinstate second plaintiff could vest it with requisite locus standi – Whether plaintiffs' solicitor's lack of authority to file suit makes it liable to be struck out

MyCreative Ventures Sdn Bhd v EA Inspiration Sdn Bhd & 2 Ors [2024] 4 AMR 659, HC

Civil procedure – Summary judgment – Application for – Dispute regarding company's obligation to pay redemption amount towards preference shares under share subscription agreement – Whether obligation mandatory and unconditional – Whether agreement void – Whether agreement merely equity investment agreement or intended to be loan – Whether there were triable issues – Companies Act 2016, s 72(4) – Contracts Act 1950, ss 10, 10(1), 24

Re Tan Peck Kee; Ex parte LDE Project Sdn Bhd & 3 Ors [2024] 4 AMR 668, HC

Bankruptcy – Bankruptcy notice – Setting aside – Appeal – Bankruptcy notice ("BN") issued based on summary judgment arising out of contract, asserted to be indemnity, not guarantee – BN served by substituted service – Whether contract was indemnity or guarantee – Whether BN could be issued only after leave of court obtained – Whether non-compliance of s 5(3)(b) of the Insolvency Act 1967 – Whether judgment debtor's date of act of bankruptcy miscomputed – Whether BN ought to be set aside – Insolvency Act 1967, s 5(3)(b)

Bankruptcy – Creditor's petition – Setting aside – Appeal – Bankruptcy notice ("BN") issued based on summary judgment arising out of contract, asserted to be indemnity, not guarantee – BN served by substituted service – Whether contract an indemnity or guarantee – Whether BN could be issued only after leave of court obtained – Whether non-compliance of s 5(3)(b) of the Insolvency Act 1967 – Whether judgment debtor's date of act of bankruptcy miscomputed – Whether creditor's petition premature – Whether ought to be set aside – Insolvency Act 1967, s 5(3)(b)

Room 6 Music Sdn Bhd v Chua Zhua Yi [2024] 4 AMR 676, HC

Contract – Agreement – Artiste agreement – Termination – Damages – Minimum recording commitment agreement – Agreement terminated for non-compliance of minimum recording commitment – Whether termination valid – Whether recording company entitled to compensation for wrongful termination of agreement

Yong Yong Trading Sdn Bhd v Koay Yeat Yee [2024] 4 AMR 683, HC

Contract – Misrepresentation – Fraud – Abuse of position – Damages – Former employee vide letter bearing company's letterhead, terminated ongoing agreement with company's customer – Letter also stated company's commitment to repay advance sum extended by customer – Letter issued allegedly without company's knowledge – Whether company unequivocally admitted to customer's claim for return of advance payments – Whether letter issued without company's or its director's knowledge and/or instructions – Whether employee liable for misrepresentation, fraud, breach of trust, abuse of position, or negligence – Whether loss proved by company – Whether employee liable for the loss