Worldwide Platinum Records Sdn Bhd v Tan Sew Cheng [2024] 8 AMR 117, CA

Civil procedure – Trial – Submission of no case to answer – Appeal against High Court's decision dismissing claim for refund of €1 million processing fee paid on half billion ringgit loan – Fee paid directly to defendant, allegedly agent of American corporate entity offering said loan – Reliance placed on two letters of undertaking and indemnity ("undertakings") from defendant – Whether loan agreement legal – Whether impugned loan agreement must be read conjunctively or collectively with undertakings – Whether plaintiff failed to prove validity of undertakings and loan agreement despite defendant's submission of no case to answer – Whether principles governing submission of no case to answer applied correctly by High Court – Whether appellate intervention warranted – Evidence Act 1950, s 114(g)

Contract – Terms – Breach – Letter of undertaking and indemnity – Appeal against High Court's decision dismissing claim for refund of €1 million processing fee paid on half billion ringgit loan – Fee paid directly to defendant, allegedly agent of American corporate entity offering said loan – Reliance placed on two letters of undertaking and indemnity ("undertakings") from defendant – Whether loan agreement legal – Whether impugned loan agreement must be read conjunctively or collectively with undertakings – Whether plaintiff failed to prove validity of undertakings and loan agreement despite defendant's submission of no case to answer – Whether principles governing submission of no case to answer applied correctly – Whether appellate intervention warranted – Evidence Act 1950, s 114(g)

Yuri Zaharin bin Wahab v Ann Joo Metal Sdn Bhd [2024] 8 AMR 156, CA

Bankruptcy – Bankruptcy notice – Setting aside – Appeal against High Court's reinstatement of bankruptcy notice and creditor's petition which were set aside as action filed without leave of court – Judgment debtor personal guarantor of trade debt – Whether partial protection under s 5(3)(b) of Insolvency Act 1967 ("the Act") available only for the loan – Whether it applied to trade debt – Whether High Court erred in creating distinction of loan and trade debt while interpreting "non-social guarantor" in s 5(3)(b) of the Act – Whether bankruptcy notice and creditor's petition ought to be set aside – Whether appeal ought to be allowed – Insolvency Act 1967, s 5(3), (3)(b), (5), (6)

Adi Helmie bin A Razak v Menteri Dalam Negeri & 2 Ors [2024] 8 AMR 167, HC

Criminal procedure – Habeas corpus – Application for – Applicant detained for two years since issuance of detention order by minister under s 6(1) of the Dangerous Drugs (Special Preventive Measures) Act 1985 ("the Act") – Whether there was delay in submission of reports to minister by police officers and issuance of detention order – Whether delays sufficiently explained – Whether non-compliance with the Federal Constitution and the Act established against respondents – Whether applicant proved to be member of substantial body of persons under the Act – Whether application ought to be allowed – Dangerous Drugs (Special Preventive Measures) Act 1985, ss 2, 3(1), (2), (2)(a), (b), (c), (3), 5(4), 6(1) – Federal Constitution, Article 149 – Interpretation Acts 1948 and 1967, s 54(2)

CJ Polymers Sdn Bhd v Kerk Han Meng & Anor [2024] 8 AMR 193, HC

Civil procedure – Courts – Jurisdiction – Forum conveniens – Application to transfer and consolidate suit with originating summons ("OS") in the same High Court branch – Suit pending trial while OS scheduled for hearing – Prayer sought for OS to be heard after suit – Whether High Court empowered to transfer cases within same branch of same division – Whether consolidation of suit and OS justified – Whether application an abuse of court's process – Courts of Judicature Act 1964, s 25(2), Schedule, paragraph 12

Perbadanan Pengurusan Marina Crescent v Tribunal Pengurusan Strata, Putrajaya & Anor (and Another Judicial Review) [2024] 8 AMR 206, HC

Administrative law – Remedies – Judicial review – Applications to quash Strata Management Tribunal's ("SMT") decisions dismissing claim for outstanding statutory charges against registered proprietor – Whether registered proprietor who received full payment of purchase price liable for outstanding charges – Whether registered proprietor merely bare trustee – Whether SMT erred in holding s 52(8) the Strata Management Act 2013 to be given a "disjunctive" and "exhaustive" interpretation – Strata Management Act 2013, ss 2, 52, 52(1), (8), 60, 60(4), 61, 61(4), Part V, Chapter 2 – Strata Management (Amendment) Act 2013 – Strata Titles Act 1985