(2024) All Malaysia Reports (AMR) - Week 26
Ling Boon Huat v Ding Toh Biew [2024] 4 AMR 949, CA
Civil procedure – Judgments and orders – Consent order – Purchaser failed to execute sale and purchase agreement ("SPA") and pay judgment sum pursuant to consent order – Landowner sought revaluation of purchase price due to purchaser's delay – Whether property's purchase price ought to be revalued as at the time when SPA executed – Whether such term could be implied in consent order – Whether amounted to fundamental re-writing of contract – Whether parties bound by consent order
FGV Holdings Berhad (formerly known as "Felda Global Ventures Holdings Berhad") v Mohd Isa bin Abdul Samad & Anor [2024] 4 AMR 971, HC
Company law – Directors – Breach of fiduciary duties – Board of directors approved purchase of residential units for purposes of investment and accommodation for business associates/guests – Cars leased by company to be used in company's carpool system – Directors utilised residential units and leased cars for personal use – Whether directors breached fiduciary duties owed to company – Whether resolution passed for purchase of property valid and binding – Whether directors used units and cars lawfully – Whether company entitled to damages – Whether exemplary damages ought to be imposed – Companies Act 1965, s 132
Nishanthi a/p Jaya v Ketua Pengarah Pendaftaran Negara [2024] 4 AMR 1037, HC
Civil procedure – Declaratory reliefs – Application for – Plaintiff born to Muslim mother sought declaration that she has never professed Islam but Hinduism – Whether plaintiff a Muslim – Whether plaintiff's biological father's religion and marital status relevant in determining her religion at time of her birth – Whether defendants had record about plaintiff's religion – Administration of the Religion of Islam (State of Penang) Enactment 2004, s 2(1)
Islamic law – Declaratory reliefs – Application for – Plaintiff born to Muslim mother sought declaration that she has never professed Islam but Hinduism – Whether plaintiff a Muslim – Whether plaintiff's biological father's religion and marital status relevant in determining her religion at time of her birth – Whether defendants had record about plaintiff's religion – Administration of the Religion of Islam (State of Penang) Enactment 2004, s 2(1)
Public Prosecutor v Muhamad Azmi bin Yusuf & Anor [2024] 4 AMR 1045, HC
Criminal procedure – Bail – Application for – Young accused persons charged for offence of smuggling of migrants – Whether interpretation on right to bail in favour of accused charged under the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 ought to be adopted – Factors to be considered by court in granting bail for non-bailable offence – Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007, s 26A – Courts of Judicature Act 1964, s 3 – Criminal Procedure Code, ss 389, 390(1) – Federal Constitution, Article 5(1) – Security Offences (Special Measures) Act 2012, s 13
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