Perbadanan Pembangunan Pulau Pinang v Pemungut Duti Setem, Malaysia [2024] 8 AMR 1, FC

Revenue law – Stamp duty – Remission – Appeal against Court of Appeal's decision on entitlement to stamp duty remission for loan instrument offered to state entity – Whether loan fell within remission order, entitling state entity to remission – Whether letter of undertaking given by state government to Minister of Finance under the Incorporation (State Legislatures Competency) Act 1962 ("ISLCA") and the Penang Development Corporation Enactment 1971 ("PDCE") amounted to security under the Stamp Act 1949 ("SA 1949") – Whether statutory requirements in the ISLCA and the PDCE could be imported into the SA 1949 – Whether loan agreement was with or without security – Whether appeal ought to be allowed – Incorporation (State Legislatures Competency) Act 1962 – Penang Development Corporation Enactment 1971 – Stamp Act 1949

Santanasamy a/l Muthiah v Public Prosecutor [2024] 8 AMR 10, FC

Criminal procedure – Sentencing – Appeal against conviction and sentence – Accused pleaded guilty to lesser charge of possession – Appeal by accused for whipping sentences to run concurrently – Whether sentences of whipping could be concurrent – Whether concurrent sentences of whipping authorised by law – Criminal Procedure Code, ss 282(d), 286, 287, 288, 288(1), (5), 289, 290, 291, 292(1), 397 – Dangerous Drugs Act 1952, ss 6, 12(2), 39A, 39B(1), (1)(a) – Federal Constitution, Articles 5(1), 8 – Penal Code, s 34 – Prison Regulations 2000, reg 134

Suthakar a/l Sivakumar v Pendakwa Raya (and 4 Other Appeals) [2024] 8 AMR 47, FC

Criminal procedure – Appeal – Appeal against conviction and sentence – Accused persons charged with murder and sentenced to death by hanging – Prosecution witnesses gave contradictory testimonies on which of the five accused caused victim's death – Whether such contradictions were fatal – Whether identification evidence by witnesses reliable to convict accused persons – Whether prosecution failed in proving common intention between accused persons – Whether High Court erred in rejecting video recording showing another person caused victim's death – Whether bodily injuries inflicted on victim "sufficient in the ordinary course of events to cause death" – Whether alibi defence raised by accused not given due consideration – Whether delay in written judgment raised by accused had merit – Criminal Procedure Code, s 402A – Penal Code, ss 34, 300, 300(a)-(d), 302

Tenaga Nasional Berhad v Sime Darby Plantation Berhad & 2 Ors (Petronas Gas Berhad – Proposed Intervener) [2024] 8 AMR 80, CA

Civil procedure – Joinder of parties – Application for – Petronas Gas Bhd ("PGB") sought to intervene in appeal filed by Tenaga Nasional Bhd ("TNB") against High Court's dismissal of TNB's application to intervene in land reference proceedings – High Court allowed PGB to intervene in separate proceedings despite TNB's application being dismissed for non-filing of Form N under the Land Acquisition Act 1960 – Whether PGB's legal rights as paymaster potentially affected by TNB's appeal – Whether just and convenient for PGB to be added as intervener – Whether application ought to be allowed – Land Acquisition Act 1960, s 38(1), Form N

Appsmiths Sdn Bhd v Jason Kok Chin Hwa & 7 Ors [2024] 8 AMR 97, HC

Tort – Conspiracy – Damages – Suit filed for conspiracy to injure company using unlawful means – Allegation that commercial contract diverted to company's disadvantage/loss of profit – Whether tort of conspiracy to injure established – Whether company entitled to damages – Evidence Act 1950, s 114(g)