Diler Miler Celik Endustru Ve Ticaret AS Turut Dikenali Sebagai Diler Iron and Steel Co Inc v Menteri Kewangan & 4 Ors [2024] 8 AMR 341, CA

Administrative law – Remedies – Judicial review – Appeal against – High Court dismissed application seeking to quash anti-dumping duties imposed on steel concrete reinforcing bar products ("rebar") imported from Turkey to Malaysia – Internal sale price of rebar between producer of rebar and its wholly-owned subsidiary ("related companies") determined as "export price" – Whether "export price" used for determining dumping margin wrong in law – Whether amounts to internal sale price between related companies – Whether export price between related companies unreliable – Whether first sale to independent Malaysian buyer ought to be taken as "export price" – Whether wrong dumping margin arrived at – Whether refusal to use rebar producer's verified data and non-disclosure of reasonings breached legal provisions – Whether High Court's decision bad in law and ought to be quashed – Whether appellate intervention warranted – Countervailing and Anti-Dumping Duties Act 1993, ss 2(5), 17, 17(1), (2), (3), 18, 18(3), (5)

HSBC Amanah Malaysia Berhad v Supreme Power Marketing (M) Sdn Bhd & 2 Ors [2024] 8 AMR 390, HC

Civil Procedure – Summary judgment – Application for – Failure to make loan instalment payments for loan facility – Whether bank complied with procedural requirements of summary judgment application – Whether bona fide triable issues raised in defence – Whether bank's claim premature for not exercising rights over other securities first – Whether charges levied on borrowers excessive – Whether certificate of indebtedness conclusive and unchallenged – Rules of Court 2012, Order 14 rr 1, 2, 3

Komallapalli Subramanyam & Anor v Rajdeep Sharma Singh & 2 Ors [2024] 8 AMR 409, HC

Contract – Breach – Employment contract – Allegation of salary reduction and misrepresentation of working conditions by plaintiffs – Whether defendants breached employment contract – Plaintiffs arrested and detained following altercation with first defendant – Work permits cancelled as plaintiffs did not return to work upon release on bail – Whether there was malicious prosecution by defendants – Whether employer's duty of good faith breached – Whether plaintiffs entitled to damages – Federal Constitution, Article 145(3) – Penal Code, s 394

Tort – Malicious prosecution – Damages – Plaintiffs arrested and detained following altercation with first defendant but later acquitted – Police report lodged by first defendant and subsequently by second defendant on loss of personal items and cash – Whether there was malicious prosecution by defendants – Whether second defendant influenced or induced first defendant to lodge false report – Whether plaintiffs entitled to damages – Federal Constitution, Article 145(3) – Penal Code, s 394

Oasis Suria Sdn Bhd v Ultivictory Sdn Bhd [2024] 8 AMR 439, HC

Contract – Construction contract – Claim for outstanding payment – Subcontractor sought balance of payment – Contractor's refusal to pay premised on third-party contractor's involvement and payment deduction from sum owed to appellant – Interpretation of clear and unambiguous contractual terms – Subcontractor excluded from third-party suit against contractor – Whether contractor obliged to enforce clear contractual terms regarding subcontractor's payment – Whether third party's involvement in works done justified contractor's refusal to pay subcontractor – Whether subcontractor's exclusion from prior third-party suit a deliberate strategy

Palaniandy a/l Sadayan v Regu a/l Vedy Kaundan & Anor [2024] 8 AMR 451, HC

Civil procedure – Action – Reinstatement of – Appeal against dismissal of action and application for reinstatement and setting aside of judgment – Absence of party – Whether absence deliberate – Whether sufficient and reasonable reasons given for absence – Whether Sessions Court has discretion to grant adjournment – Rules of Court 2012, Order 35 rr 1(2), 2, Order 55 r 3

Civil procedure – Proceedings at trial – Judgment given in absence of party – Appeal against application for reinstatement and setting aside of judgment – Whether absence deliberate – Whether sufficient and reasonable reasons given for absence – Whether Sessions Court has discretion to grant adjournment – Rules of Court 2012, Order 35 rr 1(2), 2, Order 55 r 3