Aragreens Residences Joint Management Body v HSB Development Sdn Bhd (in liquidation) [2024] 5 AMR 565, HC

Civil procedure – Parties – Intervention – Management corporation ("MC") applied to intervene as second plaintiff in suit for negligence filed by joint management body ("JMB") against developer – JMB dissolved under s 27(1) of the Strata Management Act 2013 ("the SMA") – Whether dissolution of JMB automatically vested on MC right to sue under s 28(2) of the SMA – Whether s 28(2) of the SMA applicable to suit – Whether suit was class action – Whether MC ought to have applied for intervention before dissolution of JMB – Whether application ought to be allowed – Interpretation Acts 1948 and 1967, s 17A – Rules of Court 2012, Order 15 r 6(2)(b)(ii) – Strata Management Act 2013, ss 27(1), (2), 28(2) – Strata Titles Act 1985, s 17(3)

Chan Eng Leong & Anor v Goh Choon Kim & 2 Ors   [2024] 5 AMR 586, HC

Civil procedure – Contempt of court – Breach or non-compliance with order of court – Current directors of company ("plaintiffs") obtained injunction restraining former directors from doing anything that would affect plaintiffs' directorships – Injunction also prohibited interference in company's management and affairs – Letters issued by former directors and related parties ("alleged contemnors") attempting to change company's directorship – Whether alleged contemnors in breach of court order i.e. injunction – Whether alleged contemnors had knowledge of terms of court order – Whether actions of alleged contemnors likely to pre-empt proper disposal of pending suit – Whether to prove contempt of court, impugned act must not only be disobeying court order but also interfering with administration of justice – Whether contempt of court proved

DAY v SAY (RAY – Party Cited) [2024] 5 AMR 618, HC

Family law – Ancillary relief – Division of matrimonial assets and maintenance – Husband performed "traditional marriage" with Thai woman whilst still legally married – Husband relied on letters purportedly issued by Jabatan Pendaftaran Negara stating he was "divorced" to register second marriage – Wife forcefully evicted from matrimonial home – Alleged "divorce" found invalid and second marriage dissolved – Petition and cross-petition filed for divorce and ancillary reliefs – Whether breakdown of marriage due to husband's adultery or wife's unreasonable behaviour – Whether wife entitled to damages for adultery – Whether husband committed fraud – Whether wife entitled to monthly spousal maintenance and equal division of matrimonial assets – Law Reform (Marriage and Divorce) Act 1976, ss 5, 7 – Penal Code, s 494

Family law – Divorce – Petition for – Husband performed "traditional marriage" with Thai woman whilst still legally married – Husband relied on letters purportedly issued by Jabatan Pendaftaran Negara stating he was "divorced" to register second marriage – Wife forcefully evicted from matrimonial home – Alleged "divorce" found invalid and second marriage dissolved – Petition and cross-petition filed for divorce and ancillary reliefs – Whether breakdown of marriage due to husband's adultery or wife's unreasonable behaviour – Whether wife entitled to damages for adultery – Whether husband committed fraud – Whether wife entitled to monthly spousal maintenance and equal division of matrimonial assets – Law Reform (Marriage and Divorce) Act 1976, ss 5, 7 – Penal Code, s 494

Lim Hwa Tian v Simple Farm Sdn Bhd [2024] 5 AMR 649, HC

Labour law – Employment – Dismissal – Employee raised monetary claims against company for wrongful termination without notice – Company's director allegedly instructed employee to stop working – No termination notice – Employee sought confirmation regarding alleged termination after 52 days – Whether company terminated employee – Whether employee voluntarily broke employment contract – Whether employee's complaint afterthought – Whether employee in breach of the Employment Act 1955 – Whether employee entitled to his claims – Employment Act 1955, ss 15, 15(2), 24, 24(2)(c), 69(3) – Employment (Termination and Lay-Off Benefits) Regulations 1980, reg 4(1)(c) – Industrial Relations Act 1967, s 20

NS Seng Sdn Bhd v Syarikat Gemilang & 3 Ors [2024] 5 AMR 662, HC

Contract – Breach – Claim for damages – Petroleum and fuel supply agreement unilaterally revoked by purchaser – Whether agreement null and void for inequality of bargaining power and unfair advantage – Whether purchaser breached agreement – Whether loss of profits proved by supplier – Quantum of damages – Whether oral evidence sufficient to prove rebate rate as claimed by supplier – Evidence Act 1950, ss 45(1), 59

Contract – Termination – Supply agreement – Claim for damages – Petroleum and fuel supply agreement unilaterally revoked by purchaser – Whether agreement null and void for inequality of bargaining power – Whether purchaser breached agreement – Whether loss of profits proved by supplier – Quantum of damages – Whether oral evidence sufficient to prove rebate rate as claimed by supplier – Evidence Act 1950, ss 45(1), 59