Amsiah Rahim v Borneo Samudera Sdn Bhd [2024] 5 AMR 109, CA

Damages (General) – Assessment – Appeal – High Court ("HC") declined to make any award in trial for assessment of damages – Doctrine of election applied – Appellant deprived of use of land between 1997 and 2014 – Compensatory damages pleaded in statement of claim ("SOC") but in final submissions restitutionary damages claimed – Whether HC erred in declining to award damages despite conducting trial to assess damages – Whether HC erred in applying doctrine of election – Whether appellant entitled to damages as proven at trial despite departure from election made in SOC – Whether appellate intervention warranted

Chan Kok Sung & Anor v Accupro Sdn Bhd & Anor [2024] 5 AMR 123, CA

Contract – Winding up – Validity of – Winding-up order ("WU order") obtained against company – WU order previously set aside by winding-up court pursuant to settlement agreement – Partial payments made by first respondent – Defaulted in payments – First respondent filed originating summons to renege from agreement, alleging existence of fraud/deceit – Counterclaim filed to enforce agreement – High Court invalidate agreement despite finding no elements of fraud/deceit – WU order nullified – Whether High Court in error in re-litigating and making subsequent decision regarding WU order which had been set aside in view of settlement agreement – Whether respondents ought to be estopped from wielding illegality to unjustly renege from their own series of admissions – Whether settlement agreement illegal by transgressing rule of undue preference – Whether appellants would be unjustly deprived of fruits of their litigation – Companies Act 2016, s 528

Profesor Madya Dr Prema a/p Sukumaran v Profesor Dr Zamri Radzi & Anor [2024] 5 AMR 145, HC

Administrative law – Remedies – Judicial review – Application challenging university's decision to reject scholarship and paid study leave to employee/applicant for pursuing her Doctor of Philosophy – Decisions sought to be declared unlawful and damages sought – Whether application time-barred – Whether in absence of main reliefs under Order 53/non-compliance thereof amounted to abuse of court's process – Whether having resigned prior to filing of application, applicant lacked locus standi – Whether subject matter of application academic in nature and not amenable to judicial review – Whether university's decisions reasonable – Whether application liable to be dismissed – Rules of Court 2012, Order 53, Order 53 rr 2(1), 3(6), 7

Public Prosecutor v Vijay a/l Batumalai [2024] 5 AMR 180, HC

Dangerous drugs – Trafficking – Possession – Accused allegedly handed over plastic bag containing impugned drugs from motorcycle's front carrier – Seized items were marked by police but examining chemist stated no markings upon the same – Photographs of seized and examined items did not match – Whether ownership of motorcycle relevant to determine custody or control of impugned drugs with accused – Whether knowledge could be inferred from surrounding circumstances in absence of direct evidence – Whether discrepancy established between seized items and examined items – Whether there were doubts with respect of identity of impugned drugs – Whether prima facie case made out against accused – Dangerous Drugs Act 1952, ss 37(da), 37B(1)(b), 39B(1)(a) – Evidence Act 1950, ss 8, 112

Sunningdale Tech Penang Sdn Bhd v Ketua Pengarah Kastam & Anor [2024] 5 AMR 204, HC

Revenue law – Goods and services tax – Exceptional input tax credit – Appeal against – Customs Appeal Tribunal ("CAT") affirmed decision of Director General of Customs ("DG") in partially rejecting appellant's exceptional input tax credit claim – Special formula under reg 57 of the Goods and Services Tax Regulations 2014 ("special formula") adopted to restrict appellant's claim – Whether CAT correct in law to affirm DG's decision – Whether capital goods adjustment applicable to appellant – Whether DG allowed to adopt special formula under the law – Whether appellant entitled to its claim based on Customs' Guide on Input Tax Credit ("the Guide") – Whether appellant had legitimate expectation in accordance with the Guide – Whether appellate intervention warranted – Goods and Services Tax Regulations 2014, regs 46, 57, 57(2), 58-60 – Goods and Services Tax (Repeal) Act 2018, ss 6, 39

Yew See Tak v CG Computers Sdn Bhd & 7 Ors [2024] 5 AMR 216, HC

Civil procedure – Striking out – Statement of claim – Application for – Company's personnel allegedly hacked into customer's phone to perform unauthorised transactions causing losses to customer – Suit for tort of conspiracy to defraud and injure filed against various directors of company – Application to strike out of claim filed by directors – Whether claim frivolous or obviously unsustainable or disclosed no reasonable cause of action against said directors – Whether application ought to be allowed – Rules of Court 2012, Order 18 r 19(1), (1)(a)-(d)