Kee Hin Ventures Sdn Bhd v Great Partners Industries Ltd & 2 Ors [2024] 5 AMR 909, CA

Company law – Member's rights – Oppression – Claim for dividends – High Court allowed minority shareholders' claim for outstanding dividends declared – Pre-judgment interest awarded based on arbitral award ("award") passed in oppression action between minority and majority shareholders of company – Whether company bound by award – Whether court's discretion in awarding pre-judgment interest had overriding effect over contractual stipulations agreed between parties – Whether claim for outstanding dividends time-barred – Whether company acknowledged debts due to minority shareholders which postponed limitation – Whether appellate intervention warranted – Civil Law Act 1956, s 11 – Limitation Act 1953, ss 6, 26(2)

Hanisal Khadijah binti Abdullah v Raja Azlinda binti Raja Nari & 2 Ors [2024] 5 AMR 927, HC

Tort – Defamation – Libel – Cross-appeals – Sessions Court allowed claim against second and third defendants with nominal damages and no costs – Impugned statements posted on Facebook and WhatsApp group using words like "mencuri", "ambil tanpa izin", "aniaya" and "disalahgunakan" against plaintiff – Allegation of portrayal of plaintiff as dishonest and irresponsible resulting in loss of reputation – Whether impugned statements by defendants defamatory against plaintiff – Whether Sessions Court erred in not finding first defendant liable for defamation – Whether damages and costs ought to be awarded to plaintiff as claimed – Whether appellate intervention warranted

Pendakwa Raya v Muhammad Akramullah bin Kamarudin [2024] 5 AMR 963, HC

Dangerous drugs – Trafficking – Cannabis – Accused arrested after suspected drugs found from backpack held by him while waiting suspiciously in front of building – Police officers gave contradictory versions as to how plastic packet containing suspected drugs was opened – Whether chemist's report confirming samples to be cannabis accurate – Whether identity of drugs doubtful – Whether accused had exclusive possession of drugs in light of prosecution's material contradictions and accused's defence of innocent carrier – Whether presumption of trafficking under s 37(da) of the Dangerous Drugs Act 1952 ("DDA") could be invoked – Whether charges under s 39B of the DDA prima facie established against accused – Dangerous Drugs Act 1952, ss 2, 37(d), (da), 39B

Sia Teik Keat v Micro Carbide Engineering Sendirian Berhad & 2 Ors [2024] 5 AMR 978, HC

Company law – Derivative action – Application for – Former director and shareholder of company sought leave to commence action against directors on remuneration and other benefits paid to them – Applicant sought company's financial documents and appointment as director – Receipt of company's audited financial statements reflecting remuneration and other benefits paid to directors for relevant years acknowledged by applicant – Whether wrong done to company and matters complained of caused losses – Whether nature of complaints personal – Whether application made in good faith and company's best interest – Whether application motivated by personal vendetta – Whether there was inordinate delay in filing of application – Whether discovery and inspection of documents, fishing expedition and oppressive – Whether leave for derivative action ought to be granted – Companies Act 2016, s 230(3)

Wee Choo Keong v Suruhanjaya Komunikasi dan Multimedia Malaysia (SKMM/MCMC) [2024] 5 AMR 1002, HC

Administrative law – Remedies – Judicial review – Application filed for discovery of documents after Malaysian Communications and Multimedia Commission ("MCMC") blocked/restricted access to applicant's blog – MCMC averred to receiving request/instructions from Royal Malaysian Police ("RMP") to do so – Applicant sought discovery of documents regarding RMP's instructions to MCMC and MCMC's instructions to its licensee regarding in blocking access to applicant's blog – Whether documents sought existed and in MCMC's possession – Whether documents relevant – Whether documents sought were privileged and ineligible for order of discovery – Whether application ought to be allowed – Communications and Multimedia Act 1998, ss 3(3), 233 – Penal Code, s 500

Civil procedure – Discovery and inspection of documents – Application for – Judicial review proceedings commenced after Malaysian Communications and Multimedia Commission ("MCMC") blocked/restricted access to applicant's blog – MCMC averred to receiving request/instructions from Royal Malaysian Police ("RMP") to do so – Applicant sought discovery of documents regarding RMP's instructions to MCMC and MCMC's instructions to its licensee in blocking access to applicant's blog – Whether documents sought existed and in MCMC's possession – Whether documents relevant – Whether documents sought were privileged and ineligible for order of discovery – Whether application ought to be allowed – Communications and Multimedia Act 1998, ss 3(3), 233 – Penal Code, s 500