Charern Properties Sdn Bhd v Choong Nam Father & Sons Construction Sdn Bhd [2024] 8 AMR 461, CA

Civil procedure – Writ – Extension of validity – Appeal against – Writ served by way of substituted service – Judgment in default ("JID") obtained – Writ expired when JID set aside for irregular service and could not be re-served – Whether application to renew validity must be made before expiry – Whether setting aside of JID revived validity period of writ – Whether extension rightly granted – Rules of Court 2012, Order 1A, Order 6 r 7, Order 92 r 4

Chan Ah Kai v Chan Seuk Lan [2024] 8 AMR 470, HC

Civil procedure – Mode of commencement – Originating summons ("OS") – Disputes over property in undivided shares – OS filed to recover rental proceeds and claim entitlement to purchase property at reduced price – Plaintiff bare trustee of defendant's share in property – Whether plaintiff entitled to remedies sought – Whether resulting trust established – Whether OS liable to be dismissed for want of trial – Whether monetary claims could be adjudicated by way of OS – National Land Code, ss 89, 343(1)

Trusts and trustees – Implied trust – Resulting trust – Disputes over property in undivided shares – Originating summons ("OS") filed to recover rental proceeds and claim entitlement to purchase property at reduced price – Plaintiff bare trustee of defendant's share in property – Whether plaintiff entitled to remedies sought – Whether resulting trust established – Whether OS liable to be dismissed for want of trial – Whether monetary claims could be adjudicated by way of OS – National Land Code, ss 89, 343(1)

Jalanbamuniandy a/l Thataloo v Pengarah Pejabat Daerah dan Tanah Timur Laut & 2 Ors [2024] 8 AMR 480, HC

Land law – Easements – Application of – Current registered landowner ("plaintiff") sought access to land ("Lot 1340") vide originating summons ("OS") – Lot 1340 formed part of master lot, and identified as reserved land in proposed subdivision – Predecessor-in-title surrendered land to state government – Whether approval taken from or final plans submitted to local authority – Whether action premature – Whether plaintiff's registered owner of Lot 1340 – Whether entitled to be granted easements – Whether Lot 1340 ought to be surrendered to state government – Whether judicial review ought to be filed since reliefs fall under public law – Whether originating summons sustainable – National Land Code, ss 136(1)(c)(i), (ca), (2), 282, 283, 286, Form 12A – Rules of Court 2012, Order 53 – Street, Drainage and Building Act 1974, ss 39(1), 46(1)(b)

Mee Kiow & 4 Ors v Loo Soon Hong [2024] 8 AMR 496, HC

Land law – Co-proprietorship – Incidents of co-proprietorship – Disputes over right to use and enjoy land between family members who are co-proprietors – Claim and counterclaims that structures constructed on land without permission – Deceased, third to fifth plaintiffs and defendant are brothers – Whether deceased's wife and son who were not registered owners of land but administrators of deceased's estate had locus standi to file claim – Whether any of structures constructed on land illegal – Whether permission from other owners required – Whether uprooting of oil palm trees by defendant caused losses to plaintiffs – Whether claim and/or counterclaim ought to be allowed – National Land Code, s 343(1)(b)

Pop Investments Limited v iCapital.Biz Berhad [2024] 8 AMR 519, HC

Civil procedure – Injunctions – Application for – Foreign entity ("plaintiff") held shares in public listed company ("defendant") through nominee arrangement – Declaratory and injunctive reliefs sought against defendant's imposition of 20% limit on foreign shareholding – Whether plaintiff had locus standi to bring action – Whether imposition of shareholding limit valid in law – Whether defendant required to expressly amend its constitution to impose shareholding limit – Whether plaintiff entitled to reliefs sought – Capital Markets and Services Act 2007 – Companies Act 2016, ss 71, 351, 351(1) – Rules of Bursa Malaysia Depository – Securities Industry (Central Depositories) (Foreign Ownership) Regulations 1996

Company law – Member's right – Beneficial shareholder's application – Foreign entity ("plaintiff") held shares in a public listed company ("defendant") through nominee arrangement – Declaratory and injunctive relief against defendant's imposition of 20% limit on foreign shareholding – Whether plaintiff had locus standi to bring action – Whether imposition of shareholding limit valid in law – Whether defendant required to expressly amend its constitution to impose shareholding limit – Whether plaintiff entitled to reliefs sought – Capital Markets and Services Act 2007 – Companies Act 2016, ss 71, 351, 351(1) – Rules of Bursa Malaysia Depository – Securities Industry (Central Depositories) (Foreign Ownership) Regulations 1996

Yap Ken Wei & Anor v Leong Yew Wai [2024] 8 AMR 548, HC

Trust and trustees – Implied trust – Resulting trust – Suit filed against defendant for declaration that defendant holds half share of business and property purchased therefrom in trust for plaintiffs – Defendant made owner of business pursuant to plaintiffs' intended expansion of business to avoid conflict of interest – Whether resulting trust existed in plaintiffs' favour regarding half share of property – Whether plaintiffs entitled to reliefs claimed