Mohammad Hafizi bin Bahari & Anor v Pacific & Orient Insurance Co Bhd & Anor (and Another Appeal) [2024] 5 AMR 685, CA

Civil procedure – Parties – Joinder of parties – Sessions Court allowed plaintiffs' claims against defendant in negligence suit – Applications by defendant's insurer to intervene in negligence suit and set aside Sessions Court judgment dismissed – Allegation of fraudulent claim by plaintiffs raised – High Court order reversed Sessions Court decision and allowed insurer's applications – Whether High Court order qualified as "decision" under s 3 of the Courts of Judicature Act 1964 and appealable under s 67(1) thereof – Whether Sessions Court functus officio after passing judgment on liability of insured – Whether insurer had right to intervene in negligence suit by virtue of s 96(1) of the Road Transport Act 1987 – Whether insurer estopped from filing applications – Whether appeal ought to be allowed – Courts of Judicature Act 1964, ss 3, 67(1) – Road Transport Act 1987, s 96(1), (3) – Rules of Court 2012, Order 1A, Order 2 r 1(2), Order 15 r 6(2)(b)(i), (ii)

Insurance – Liability – Claim for judgment sum – Sessions Court allowed plaintiffs' claims against defendant in negligence suit – Applications by defendant's insurer to intervene in negligence suit and set aside Sessions Court judgment dismissed – Allegation of fraudulent claim by plaintiffs raised – High Court order reversed Sessions Court decision and allowed insurer's applications – Whether High Court's order qualified as "decision" under s 3 of the Courts of Judicature Act 1964 and appealable under s 67(1) thereof – Whether Sessions Court functus officio after passing judgment on liability of insured – Whether insurer had right to intervene in third party suit by virtue of its statutory liability under s 96(1) of the Road Transport Act 1987 – Whether insurer estopped from filing applications – Whether appeal ought to be allowed – Courts of Judicature Act 1964, ss 3, 67(1) – Road Transport Act 1987, s 96(1), (3) – Rules of Court 2012, Order 1A, Order 2 r 1(2), Order 15 r 6(2)(b)(i), (ii)

Khew Keat Seen & 3 Ors v Khew Kok Seng & Anor [2024] 5 AMR 723, HC

Civil procedure – Disposal of case on point of law – Application for – Consent judgment entered by parties to resolve disputes regarding disposal of land – Parties failed to sell land within stipulated time – Plaintiffs filed fresh writ seeking amendment of statement of claim and consequential orders under consent judgment – Whether consent judgment valid and binding – Whether reliefs sought by plaintiffs amount to varying consent judgment – Whether reliefs, if granted, amount to nullity – Whether writ action ought to be struck out – Rules of Court 2012, Order 14A, Order 33

Civil procedure – Judgments and orders – Consent judgment – Consent judgment entered by parties to resolve disputes regarding disposal of land – Parties failed to sell land within stipulated time – Plaintiffs filed fresh writ seeking amendment of statement of claim and consequential orders under consent judgment – Application for disposal of case on point of law filed by defendants – Whether consent judgment valid and binding – Whether reliefs sought by plaintiffs amount to varying consent judgment – Whether reliefs, if granted, would be nullity – Whether writ action ought to be struck out – Rules of Court 2012, Order 14A, Order 33

Maju Aliran Hijau (M) Sdn Bhd v Ditali Palm Oil Mill Sdn Bhd [2024] 5 AMR 733, HC

Contract – Breach – Damages – Sale of goods – Supplier sought outstanding dues from purchaser company – Goods delivered to company's manager who used to pay on company's behalf – Company denied knowledge or involvement in said transaction and claimed its manager was independent contractor – Whether company's manager acted as company's agent or independent contractor – Whether company's denial of knowledge of transaction tenable – Whether company liable to pay outstanding dues to plaintiff – Contracts Act 1950, s 141

Public Prosecutor v Edy Ko'im bin Said & 10 Ors (and Another Case) [2024] 5 AMR 744, HC

Criminal procedure – Courts – Sessions Court – Jurisdiction – Public Prosecutor consented for trial of offence under s 3 of the Kidnapping Act 1961 ("KA 1961") to be transmitted to High Court based on Sessions Court's lack of jurisdiction to try offences punishable with death penalty – Whether in view of Abolition of Mandatory Death Penalty Act 2023, Sessions Court vested with jurisdiction to try offences under s 3 of the KA 1961 – Abolition of Mandatory Death Penalty Act 2023 – Courts of Judicature Act 1964, ss 22(1)(a)(i), (2), 25(2), Schedule, paragraph 12 – Criminal Procedure Code, s 177A(1) – Kidnapping Act 1961, s 3 – Penal Code, s 34 – Subordinate Courts Act 1948, ss 63, 64

SS Minerals Trading Sdn Bhd v Ibrahim bin Mat Seddek & 2 Ors [2024] 5 AMR 760, HC

Company law – Directors – Liability – Allegations of fraudulent trading by company as purchaser – Default in payment of purchase order – Seller unable to recover judgment sum from company – New suit instituted against directors personally for facilitating company's fraudulent trading while hiding behind corporate veil – Whether directors exercised sufficient control over company's affairs – Whether directors deceitfully avoided payment owed to seller – Whether corporate veil ought to be lifted – Whether directors' conduct fraudulent – Whether directors personally liable to seller – Companies Act 2016, s 540