Abdul Rashid bin Mohamad Isa v PTT International Trading Pte Ltd [2024] 6 AMR 357, FC

Bankruptcy – Creditor's petition – Withdrawal – Appeal – Registrar dismissed application to set aside bankruptcy notice ("BN") without hearing merits and declared date of occurrence of bankruptcy – Judgment creditor filed creditor's petition ("petition") – High Court set aside registrar's declaration – At hearing of petition, registrar allowed withdrawal of petition with liberty to file afresh but ruled all bankruptcy proceedings stood terminated solely due to said withdrawal – Whether an act of bankruptcy could be declared despite failure to dispose of the application to set aside BN – Whether petition could be withdrawn with liberty to file afresh – Whether such withdrawal would terminate all bankruptcy proceedings – Whether appeal ought to be allowed – Insolvency Act 1967, s 6(7) – Insolvency Rules 2017, rule 93

Dato’ Seri Yong Tu Sang & 6 Ors v Dato Chang Jong Yu & 5 Ors [2024] 6 AMR 365, HC

Civil procedure – Discovery and inspection of documents – Subpoena – Application filed by architect ("applicant") to set aside subpoena against him to testify and produce documents – Subpoena issued after 11 days of trial and two years of filing of suit without explanation for delay – Applicant not party to pending suit – Whether applicant material witness – Whether delay in issuing subpoena justified – Whether subpoena ought to be set aside – Rules of Court 2012, Order 92 r 4

Ismail bin Mohd Noor v Public Prosecutor [2024] 6 AMR 375, HC

Criminal procedure – Revision – Application for – Accused charged under s 14(a) and (d) of the Sexual Offences against Children Act 2017 – Allegation of bias against Sessions Court judge ("SCJ") for not allowing accused to raise defence of alibi in view of vague charges without exact date of rape – Whether real danger of bias existed – Whether SCJ conducted himself in an unacceptable manner – Whether SCJ ought to have recused himself – Whether stay of trial necessary – Criminal Procedure Code, s 402A – Sexual Offences against Children Act 2017, s 14(a), (d)

Judges – Recusal – Application for – Accused charged under s 14(a) and (d) of the Sexual Offences against Children Act 2017 – Allegation of bias against Sessions Court judge ("SCJ") for not allowing accused to raise defence of alibi in view of vague charges without exact date of rape – Whether real danger of bias existed – Whether SCJ conducted himself in an unacceptable manner – Whether SCJ ought to have recused himself – Whether stay of trial necessary – Criminal Procedure Code, s 402A – Sexual Offences against Children Act 2017, s 14(a), (d)

LLK (f) v AHC (m) & Anor [2024] 6 AMR 383, HC

Family law – Children – Custody – Wife left husband's home with children – Husband and children subsequently lived with co-respondent – Husband and co-respondent had child together – Wife filed for divorce, custody of children and ancillary reliefs, citing husband's adultery – Whether marriage had broken down due to alleged adultery – Whether proved – Whether custody, care and control of children should be granted to wife or husband – Division of matrimonial assets – Whether wife entitled to spousal maintenance – Law Reform (Marriage and Divorce) Act 1976, ss 54(1)(a), 61(1)

Family law – Divorce – Petition for – Wife left husband's home with children – Husband and children subsequently lived with co-respondent – Husband and co-respondent had child together – Wife filed for divorce, custody of children and ancillary reliefs, citing husband's adultery – Whether marriage had broken down due to alleged adultery – Whether proved – Whether custody, care and control of children should be granted to wife or husband – Division of matrimonial assets – Whether wife entitled to spousal maintenance – Law Reform (Marriage and Divorce) Act 1976, ss 54(1)(a), 61(1)

Re Choong Hin Seong; Ex parte Standard Chartered Bank Malaysia Berhad [2024] 6 AMR 402, HC

Bankruptcy – Creditor's petition – Stay – Appeal – Judgment in default obtained against company and its guarantor – Company went into liquidation and dividends paid to judgment creditor resulting in reduced debt – Registrar allowed application for stay of creditor's petition against guarantor till completion of company's liquidation – Whether stay of creditor's petition justified

United Plumbing and Sanitation Sdn Bhd v Taman Ratu Sdn Bhd (and Another Suit) [2024] 6 AMR 413, HC

Contract – Specific performance – Sale and purchase agreement – Breach – Failure by developer to deliver vacant possession of properties within stipulated time – Mitigation works commenced and ongoing after project destructed by landslide – Whether developer abandoned project – Whether developer breached contract – Whether purchasers entitled to specific performance of contract or alternatively, damages in lieu of specific performance – Whether claim for liquidated ascertained damages premature – Specific Relief Act 1950, s 18(5)

VAN v ZAN [2024] 6 AMR 436, HC

Civil procedure – Contempt of court – Breach or non-compliance with court order – Committal application filed under rule 74 of the Divorce and Matrimonial Proceedings Rules 1980 ("rule 74") – Alleged breach of court order passed in joint petition pertaining to maintenance – Whether application filed correctly under rule 74 instead of Order 52 of the Rules of Court 2012 ("Order 52") – Whether rule 74 and Order 52 in conflict – Whether rule 74 prevailed – Whether rule 74 applicable in absence of pending case – Interpretation of the word "pending" in rule 74 – Whether application ought to be allowed – Divorce and Matrimonial Proceedings Rules 1980, rule 74 – Rules of Court 2012, Order 52

Family law – Consent order – Breach – Committal application filed under rule 74 of the Divorce and Matrimonial Proceedings Rules 1980 ("rule 74") – Alleged breach of court order passed in joint divorce petition pertaining to maintenance – Whether application filed correctly under rule 74 instead of Order 52 of the Rules of Court 2012 ("Order 52") – Whether rule 74 and Order 52 in conflict – Whether rule 74 prevailed – Whether rule 74 applicable in absence of pending case – Interpretation of the word "pending" in rule 74 – Whether application ought to be allowed – Divorce and Matrimonial Proceedings Rules 1980, rule 74 – Rules of Court 2012, Order 52

Statutes – Interpretation – Pending – Meaning of, under rule 74 of the Divorce and Matrimonial Proceedings Rules 1980 – Whether applies to committal applications in matrimonial proceedings only when such proceedings are pending in the High Court – Divorce and Matrimonial Proceedings Rules 1980, rule 74