Geo Win Sdn Bhd v CC Land Resources Sdn Bhd & Anor [2024] 8 AMR 561, CA

Company law – Directors – Duties and responsibilities – Claim for specific performance of letter of undertaking ("LOU") as collateral agreement for transfer of complimentary unit in development project allowed – Whether LOU illegal for contravention of ss 221 and 223 of the Companies Act 2016 – Whether LOU can be enforced despite non-compliance with development specifications – Companies Act 2016, ss 221, 221(10), 223

Contract – Specific performance – Appeal against – Claim for specific performance of letter of undertaking ("LOU") as collateral agreement for transfer of complimentary unit in development project allowed – Whether LOU illegal for contravention of ss 221 and 223 of the Companies Act 2016 – Whether LOU can be enforced despite non-compliance with development specifications – Companies Act 2016, ss 221, 221(10), 223

Target Term Sdn Bhd v Waldorf and Windsor Management Corporation (and Another Appeal) [2024] 8 AMR 577, CA

Building and common property – Common property – Accessory parcels vis-à-vis carparks – Sale of apartment unit and accessory carparks for purpose of carpark business – Suit filed against management corporation ("MC") for billing owner for arrears in carpark charges – Whether carparks were common property and not accessory parcel – Whether sale and purchase agreement void for contravention of ss 34(2) and 69 of the Strata Titles Act 1985 – Whether operating carpark business constituted "dealing" of accessory parcel – Whether owner liable for back charges claimed by MC – Whether appeal ought to be allowed – Strata Management Act 2013, ss 12(2), 52(2), 60(3)(b) – Strata Titles Act 1985, ss 4, 34(2), 69

Contract – Sale and purchase agreement – Validity of – Sale of apartment unit and accessory carparks for purpose of carpark business – Whether carparks were common property and not accessory parcel – Whether sale and purchase agreement void for contravention of ss 34(2) and 69 of the Strata Titles Act 1985 – Whether operating carpark business constituted "dealing" of accessory parcel – Whether owner liable for back charges claimed by management corporation – Whether appeal ought to be allowed – Strata Management Act 2013, ss 12(2), 52(2), 60(3)(b) – Strata Titles Act 1985, ss 4, 34(2), 69

Land law – Strata titles – Maintenance and sinking fund charges ("charges") – Sale of apartment unit and accessory carparks for purpose of carpark business – Suit filed against management corporation ("MC") for billing owner for arrears in carpark charges – Whether carparks were common property and not accessory parcel – Whether sale and purchase agreement void for contravention of ss 34(2) and 69 of the Strata Titles Act 1985 – Whether operating carpark business constituted "dealing" of accessory parcel – Whether owner liable for back charges claimed by MC – Whether appeal ought to be allowed – Strata Management Act 2013, ss 12(2), 52(2), 60(3)(b) – Strata Titles Act 1985, ss 4, 34(2), 69

Fong Peng Lim v Fong Weng Kong [2024] 8 AMR 599, HC

Family law – Marriage – Customary marriage – Disputes over validity of – Administrator of deceased's estate applied to remove deceased's alleged husband ("defendant") from list of beneficiaries – Letter containing deceased's enquiries regarding defendant's marriage with Muslim woman – Whether defendant qualified as deceased's "spouse" – Whether defendant entitled to inherit deceased's estate under s 6(1)(e) of the Distribution Act 1958 – Distribution Act 1958, s 6(1)(e) – Law Reform (Marriage and Divorce) Act 1976 – Rules of Court 2012, Order 80, Order 92

Probate and administration – Intestate estate – List of beneficiaries – Amendment of – Administrator applied to remove deceased's alleged husband ("defendant") from list of beneficiaries – Letter containing deceased's enquiries regarding defendant's marriage with Muslim woman – Whether defendant qualified as deceased's "spouse" – Whether defendant entitled to inherit deceased's estate under s 6(1)(e) of the Distribution Act 1958 – Distribution Act 1958, s 6(1)(e) – Law Reform (Marriage and Divorce) Act 1976 – Rules of Court 2012, Order 80, Order 92

Goh Choon Kim & Anor v Chan Eng Leong & Anor [2024] 8 AMR 605, HC

Company law – Derivative action – Application for – Leave to defend suit on behalf of company sought by former directors pending disputes with current directors ("application") – Interim injunctions obtained against former directors restraining them from removing current directors – Whether application defies reasonable commercial sense – Whether abuse of court's process – Whether application ought to be allowed – Companies Act 2016, ss 348, 437

Muhamad Annas bin Mohamad Anuar v Small Medium Enterprise Development Bank Malaysia Berhad (formerly known as Bank Perusahaan Kecil & Sederhana Malaysia Berhad) [2024] 8 AMR 620, HC

Civil procedure – Setting aside – Judgment in default ("JID") – Appeal against – Sessions Court dismissed application to set aside JID against personal guarantor of loan – Allegations of forgery and improper entry of JID – Whether setting aside application filed within time – Whether entry of JID one day prior to case management date appropriate – Whether guarantor deprived opportunity to be heard – Whether service of writ and statement of claim complied with Order 10 r 1(1) of the Rules of Court 2012 – Whether personal guarantor raised defence on merits – Whether appeal ought to be allowed – Rules of Court 2012, Order 10 r 1(1), Order 13 r 7, Order 42 r 13

Wong Tzy Jian v Wong Keh Yen & 3 Ors [2024] 8 AMR 642, HC

Civil procedure – Injunctions – Interlocutory injunction – Application for – Allegation that monies held by second defendant company utilised for unauthorised purposes – Payments made by another company under judicial management to second defendant as its creditor allowed by High Court in different proceedings – Preservation orders sought to restrain implementation of said High Court order – Whether order granted by another High Court could be interfered with – Whether plaintiff had right to monies held by second defendant – Whether interlocutory injunctions ought to be granted – Companies Act 2016, ss 347, 348, 349, 350 – Rules of Court 2012, Order 29

Yap Chin Huat v Tung Goon Guat (sebagai wasi harta pusaka Yap Kuang, si mati) & Anor [2024] 8 AMR 658, HC

Contract – Breach – Family settlement agreement ("FSA") – Father of deceased not named as beneficiary in deceased's will – Probate caveat lodged by father while grant of probate applied by deceased's wife ("executor") – FSA executed between parties to settle dispute with executor agreeing to pay RM300,000 to deceased's father ("settlement sum") – Claim for balance of settlement sum filed against executor – Whether executor breached FSA for failing to fulfil all payments – Whether FSA tainted with coercion and undue influence, rendering it voidable and unenforceable – Whether Sessions Court was correct to allow counterclaim of executor and dismiss claim by deceased's father