Airis Nurhana binti Alfian (an infant suing by her father and litigation representative Alfian bin Zainudin) v Darul Aiman Sdn Bhd & Anor [2024] 8 AMR 773, CA

Tort – Negligence – Medical negligence – Doctor-patient relationship – Appeal against High Court's decision on liability and quantum – Appellant suffered brachial plexus injury following her birth – Delivery by medical officer without specialist qualifications – Disputes on cause of appellant's injury – Whether injury caused or materially contributed by excessive traction applied by medical officer – Whether hospital's owner vicariously liable for tort of medical officer – Whether test laid down in Various Claimants v Catholic Child Welfare Society [2013] 2 AC 1 satisfied – Whether claim by hospital owner for contribution and indemnity against medical officer tenable – Whether damages awarded by High Court warrants appellate intervention – Evidence Act 1950, s 102

Chee Hock Leong & Anor (menyaman bagi pihak mereka sendiri dan bagi pihak semua pekerja-pekerja utama dahulu dan/atau sekarang defendan ketiga dan anak-anak syarikatnya tidak termasuk defendan pertama dan defendan kedua yang terdiri dariada pengurusan tertinggi Eng Teknologi Holdings Bhd dan kumpulan syarikat-syarikat sebelum perlaksanaan penswastaannya) v Teh Yong Khoon & 2 Ors [2024] 8 AMR 807, CA

Civil procedure – Cause of action – Representative action – Appeal against High Court's dismissal of class action for breach oral promise to its top management – Action brought by former employees on their own behalf and other past and/or present key employees' behalf – Some class members did not partake in allocation of shares and opted for a voluntary separation scheme – Whether class action maintainable – Whether there was concluded oral agreement/contract – Whether additional grounds of appeal may be advanced without leave of court – Rules of the Court of Appeal 1994, rule 18(2) – Rules of Court 2012, Order 15 r 12(1)

Contract – Breach – Oral promise – Appeal against High Court's dismissal of class action for breach of oral promise to its top management – Action brought by former employees on their own behalf and other past and/or present key employees' behalf – Some class members did not partake in allocation of shares and opted for a voluntary separation scheme – Whether class action maintainable – Whether there was concluded oral agreement/contract – Whether additional grounds of appeal may be advanced without leave of court – Rules of the Court of Appeal 1994, rule 18(2) – Rules of Court 2012, Order 15 r 12(1)

Malaysian Communications and Multimedia Commission & 4 Ors v Nuemera (M) Sdn Bhd [2024] 8 AMR 824, CA

Civil procedure – Joinder of parties – Appeal against – Parties joined to suit for misfeasance in public office and wrongful interference of trade allowed – Termination of public cellular blocking service agreement – Whether plaintiff victimised for termination of service agreement as claimed – Whether High Court misdirected in allowing joinder application – Whether plaintiff's claim necessitated parties to be added to suit – Rules of Court 2012, Order 15 r 6(2)

Muniandy a/l Vasudevan v Cheah Ban Hock [2024] 8 AMR 833, HC

Damages (Personal injuries or death) – Personal injuries – Liability and quantum – Appeal against – Motorcyclist and car driver found equally liable for motor vehicle accident – Motorcyclist suffered head injury which affected his memory – Conflicting versions by parties on how accident occurred – Whether both parties equally liable and contributed to accident – Whether quantum fixed by Sessions Court for future nursing care appropriate and reasonable – Whether appeal ought to be allowed

Tort – Negligence – Personal injury – Appeal against finding on liability and quantum of damages – Motorcyclist and car driver found equally liable for motor vehicle accident – Motorcyclist suffered head injury which affected his memory – Conflicting versions by parties on how accident occurred – Whether both parties equally liable and contributed to accident – Whether quantum fixed by Sessions Court for future nursing care appropriate and reasonable – Whether appeal ought to be allowed

Tan Bee Geok v Thai Kim Sim & Anor (Lin Woon Fui – Party Cited) [2024] 8 AMR 854, HC

Civil procedure – Judgments and orders – Application for clarification – Court granted ancillary relief of injunction against husband from disposing of 50% of his assets ("court order") – Clarification sought by husband on bank imposing 100% freeze on his bank account – Wife wrongly characterised court order as Mareva injunction in her communications with bank – Whether court order ambiguous – Whether bank had gone beyond actual scope of court order – Whether wife attempted to overstep court order by mischaracterising court order – Whether court order warranted modification – Effective date for freezing 50% of funds in husband's account – Whether doctrine of res judicata and/or functus officio applicable – Law Reform (Marriage and Divorce) Act 1976, s 102

Techware Enterprise Sdn Bhd v Tan Yang Tee [2024] 8 AMR 869, HC

Civil procedure – Time – Enlargement or extension of – Appeal against summary judgment filed 42 days beyond prescribed time – Application seeking extension of time to file appeal filed 54 days out of time – Stay of execution of summary judgment sought during pendency of appeal – Whether extension of time and/or stay ought to be granted – Whether failure or omission to comply with Order 55 r 5 of the Rules of Court 2012 curable – Rules of Court 2012, Order 3 r 5, Order 14, Order 55 r 5