Sreesanthan a/l Eliathamby v Suruhanjaya Sekuriti Malaysia [2024] 7 AMR 1, CA

Securities – Insider trading – Prohibited conduct by person possessing inside information – Liability – Lawyer appointed by investment bank for corporate privatisation exercise of listed company bought shares in said company and disposed of the same after being queried – High Court allowed Securities Commission's suit against lawyer for recovery of three times of gains made plus penalties – Lawyer disqualified from being a director of company for 10 years – Whether Attorney General's consent necessary for commencement of suit – Whether lawyer possessed insider information which was not generally available when he acquired shares – Whether said information price-sensitive – Whether proof of "improper use" of insider information necessary – Whether reliefs granted by High Court reasonable – Federal Constitution, Article 145(3) – Securities Industry Act 1983, ss 89E(1)(b), (2), (4), 90(1), 90A(5), (5)(a), 100(1)(kk)

Natthanan Yoochomsuk (administrator of the estate and dependant of Balamurugan a/l Suppiah, deceased) & Anor v Insp Mohd Noor Husri bin Johari & 5 Ors [2024] 7 AMR 46, HC

Damages (Personal injuries or death) – Death in police custody – Estate claim – Assessment of damages – Deceased died in police custody due to injuries caused by police officer ("second defendant") – Whether plaintiffs entitled to damages and costs – Whether second defendant enjoyed immunity from personal liability under s 33(4) of the Government Proceedings Act 1956 – Whether further order for plaintiffs to seek judgment debt from second defendant before seeking from other defendants ought to be made – Civil Law Act 1956, ss 7, 8 – Courts of Judicature Act 1964, Schedule, paragraph 1 – Federal Constitution, Articles 5, 8 – Government Proceedings Act 1956, s 33(4)

Tort – Damages – Death in police custody – Estate claim – Assessment of damages – Deceased died in police custody due to injuries caused by police officer ("second defendant") – Whether plaintiffs entitled to damages and costs – Whether second defendant enjoyed immunity from personal liability under s 33(4) of the Government Proceedings Act 1956 – Whether further order for plaintiffs to seek judgment debt from second defendant before seeking from other defendants ought to be made – Civil Law Act 1956, ss 7, 8 – Courts of Judicature Act 1964, Schedule, paragraph 1 – Federal Constitution, Articles 5, 8 – Government Proceedings Act 1956, s 33(4)

Tort – Negligence – Death in police custody – Estate claim – Assessment of damages – Deceased died in police custody due to injuries caused by police officer ("second defendant") – Whether plaintiffs entitled to damages and costs – Whether second defendant enjoyed immunity from personal liability under s 33(4) of the Government Proceedings Act 1956 – Whether further order for plaintiffs to seek judgment debt from second defendant before seeking from other defendants ought to be made – Civil Law Act 1956, ss 7, 8 – Courts of Judicature Act 1964, Schedule, paragraph 1 – Federal Constitution, Articles 5, 8 – Government Proceedings Act 1956, s 33(4)

Saw Seng Eng v Lembaga Bandaran Kudat [2024] 7 AMR 102, HC

Land law – Trespass – Action for – Registered landowner sued local authority for trespass in constructing concrete jetty ("jetty") on his land – Demolition of jetty and reinstatement of land to original state sought – Local authority argued jetty built on land long before registered in landowner's name – Local authority counterclaimed for illegality of land ownership – Whether jetty a legal structure – Whether local authority estopped from questioning landowner's ownership over land – Whether injunctive relief could be granted against local authority – Whether landowner entitled to reliefs claimed – Whether counterclaim ought to be allowed – Land Ordinance (Cap 68) (Sabah)

Sunnite Timur Sdn Bhd v Ali bin Dani & 20 Ors [2024] 7 AMR 117, HC

Civil procedure – Summary judgment – Application for – Registered landowner sought order of possession of land against occupiers by summary judgment – Defence of triable issues raised regarding alleged beneficial rights over land and palm plantations therein – Whether triable issues existed – Whether occupiers had right to occupy land – Whether landowner entitled to possession of land – Whether application ought to be allowed – Land Ordinance (Cap 68) (Sabah) – Rules of Court 2012, Order 89 r 2