Awesome Broadcasting Sdn Bhd v MYTV Broadcasting Sdn Bhd  [2024] 4 AMR 709, CA

Civil procedure – Injunctions – Interim injunction – Dispute arising out of rates chargeable for digital terrestrial television services ("DTTS") – Rates charged to other content application service providers for DTTS 50% lesser than plaintiff – Discount made possible due to subsidies given by Malaysian Communication and Multimedia Commission ("MCMC") – Notice to suspend DTTS given due to default in payment – Injunctive reliefs sought to restrain such suspension – Whether MCMC relevant and necessary party – Whether alternative statutory remedy available – Whether non-exhaustion of alternative statutory remedy disentitled plaintiff to equitable reliefs – Communications and Multimedia Act 1998, ss 120, 121

Public Prosecutor v Mahiaddin bin Md Yasin [2024] 4 AMR 757, CA

Criminal law – Corruption – Accepting gratification – Appeal against discharge and acquittal against former Prime Minister of Malaysia and President of Parti Pribumi Bersatu Malaysia ("PPBM") concerning gratification accepted for PPBM – High Court struck out all charges on grounds that they did not disclose any offence known to law and lacked in material particulars in breach of s 154 of the Criminal Procedure Code ("CPC") – Whether PPBM is a society and cannot be categorised as "associate" under s 3(c) of the Malaysian Anti-Corruption Commission Act 2009 ("Act") – Whether charges failed to state ingredients of offence – Whether omission of particulars of offence in a charge, curable under ss 156 and 422 of the CPC – Criminal Procedure Code, ss 152, 154, 422 – Malaysian Anti-Corruption Commission Act 2009, ss 3(c), 17A(8)(a)-(d), 23(1) – Societies Act 1966, s 7

Kenanga Investors Berhad v Impiana Sdn Bhd & Anor [2024] 4 AMR 778, HC

Contract – Breach – Share sale agreement – Claim for outstanding payment towards purchase of company's shares arising out of option agreement and term sheet – Three agreements and term sheets entered between parties in relation to same transaction – Whether term sheets and agreements were separate and should not be considered as whole – Whether plaintiff entitled to claim for specific performance of the third term sheet and agreement – Whether defendants admitted to amount claimed by plaintiff – Whether second defendant liable for amount claimed by virtue of personal guarantee executed by him

Pan International Electronics (M) Sdn Bhd v Menteri Kewangan Malaysia & Anor [2024] 4 AMR 804, HC

Administrative law – Remedies – Judicial review – Minister rejected appeal for remission of import duty and sales tax imposed by Customs Department upon goods declared to be zero-rated under Customs Duties (Goods of ASEAN Countries Origin) (ASEAN Harmonised Tariff Nomenclature and ASEAN Trade in Goods Agreement) Order 2012 ("ATIGA Order") – Conditions of licensed manufacturing warehouse ("LMW licence") allegedly breached – Whether breach of conditions under LMW licence justified imposition of import duty on goods declared to be zero-rated under the ATIGA Order – Whether LMW licence and ATIGA Order had any legal nexus – Whether Customs Department and/or minister exceeded their statutory powers in passing their respective decisions – Whether minister's decisions tainted with illegality and liable to be quashed – Customs Act 1967, ss 11, 11(1), 14A, 65, 65A, 65A(1) – Customs Duties (Goods of ASEAN Countries Origin) (ASEAN Harmonised Tariff Nomenclature and ASEAN Trade in Goods Agreement) Order 2012, Second Schedule, paragraph 3(1)

Perbadanan Bekalan Air Pulau Pinang v Peace Centre [2024] 4 AMR 820, HC

Civil procedure – Disposal of case on point of law – Application for – Plaintiff claims restitution of part of compensation received by defendant for government land acquisition – Dispute over amount of land acquired and whether it encompassed plaintiff's portion of land – Plaintiff alleged breach of contract, trust, unjust enrichment and unconscionable conduct against defendant – Whether non-filing of affidavit in support fatal to application under Order 14A of the Rules of Court 2012 – Whether suitable for matter to be disposed of on point of law – Whether full trial warranted – Rules of Court 2012, Order 14A, Order 18 r 19, Order 28 r 8 – Land Acquisition Act 1960 – Water Services Industry Act 2006