Wong Cheng Houng v Hoe Poh Lin & Anor [2024] 6 AMR 245, CA

Civil procedure – Setting aside – Appeal – Company's director ("applicant") applied to set aside High Court order allowing leave for derivative action ("OS 21") filed by other director – OS 21 filed three days after statutory notice under s 348 of the Companies Act 2016 ("CA 2016") given – Applicant not named or allowed to be heard in OS 21 – High Court dismissed setting aside application – Whether 30 days' notice under s 348 of the CA 2016 mandatory – Whether notice period can be shortened – Whether applicant ought to have been named in OS 21 – Whether applicant denied right to be heard – Whether appellate intervention warranted – Companies Act 2016, s 348, 348(2) – Rules of Court 2012, Forms 5, 6

Company law – Derivative action – Statutory notice – Appeal – Company's director ("applicant") applied to set aside High Court order allowing leave for derivative action ("OS 21") filed by other director – OS 21 filed three days after statutory notice under s 348 of the Companies Act 2016 ("CA 2016") given – Applicant not named or allowed to be heard in OS 21 – High Court dismissed setting aside application – Whether 30 days' notice under s 348 of the CA 2016 mandatory – Whether notice period can be shortened – Whether applicant ought to have been named in OS 21 – Whether applicant denied right to be heard – Whether appellate intervention warranted – Companies Act 2016, s 348, 348(2) – Rules of Court 2012, Forms 5, 6

Donisyah Putra bin Amry v Mohammed WA Abuali & Anor [2024] 6 AMR 259, HC

Constitutional law – Courts – Jurisdiction – Appeal – Sessions Court dismissed claim for damages against son of ambassador of the State of Palestine to Malaysia and respective Embassy – Whether diplomatic immunity available to defendants – Whether court has competent jurisdiction to adjudicate claim – Whether appellate intervention warranted – Consular Relations (Vienna Convention) Act 1999, s 2(2), Schedule, articles 45, 56 – Diplomatic Privileges (Vienna Convention) Act 1966, s 5, Schedule, articles 32, 37

Grace Binary Sdn Bhd v Newcrests Venture Sdn Bhd & Anor [2024] 6 AMR 272, HC

Contract – Tenancy agreement – Breach – Claim for vacant possession of premises by landlord – Tenant allegedly failed to exercise option to renew tenancy within stipulated timeline – Landlord terminated tenancy and sought vacant possession – Tenant's suit filed for declaration regarding agreement's validity and enforceability, stayed pending landlord's action – Whether there was renewal of tenancy and if yes, whether it was for three years as prescribed in the agreement – Whether tenant breached agreement – Whether accepting rental amounted to waiver of rights – Whether landlord's application should be transferred and heard together with tenant's suit – Whether landlord entitled to vacant possession of premises – Civil Law Act 1956, s 28(4) – Rules of Court 2012, Order 18 r 19, Order 28 r 8

Komarkcorp Berhad v The Edge Communication Sdn Bhd [2024] 6 AMR 291, HC

Tort – Defamation – Libel – Claim for damages – Article published regarding investigation into alleged market manipulation and assets shuffling of certain public listed companies – Plaintiff listed as one of implicated companies in schedule attached to said article – Whether article referred to or directed against plaintiff – Whether article defamatory – Whether malice established against publisher – Whether defendant entitled to defence of justification, qualified privilege and/or responsible journalism – Defamation Act 1957, s 8

Mohd Jaffri bin Wazin v Pendakwa Raya [2024] 6 AMR 321, HC

Criminal Law – Offences affecting the human body – Rape – Appeal against conviction and sentence – Accused convicted for raping his minor daughter with mental disability – Defence of victim's bad character raised – Whether unspecified date in charge rendered it defective – Whether victim's testimony lacked credibility – Whether accused's connection with offence corroborated – Whether ingredients of s 376(2)(k) of the Penal Code fulfilled – Whether sentence ought to be altered in view of mitigating factors – Whether Sessions Court erred in law and fact – Whether conviction and sentence safe – Criminal Procedure Code, s 402A – Penal Code, s 376(2)(k)

Pentadbir Tanah Daerah Seberang Perai Selatan v Wakil diri kepada Krishnan a/l Maruthamuthu (si mati) [2024] 6 AMR 344, HC

Land law – Ownership – Title – Application for – Land used by state's Public Works Department as store-cum-office for many years though registered in name of deceased individual ("deceased") – State through Land Administrator sought declaratory reliefs to cancel registration of deceased as landowner on ground of mistake – Whether representative of deceased ("respondent") had valid legitimate expectation for deceased to continue being landowner – Whether state acquiesced to alleged mistake of land registration – Whether respondent entitled to compensation