Tarumacanan a/l Teagarajan & Anor v Public Prosecutor [2024] 2 AMR 241, CA

Criminal law – Offences against property – Gang robbery – Appeal against conviction and sentence – Appellants convicted and sentenced to seven years and one stroke of whipping – Whether trial judge failed to appreciate defence of both appellants fairly, properly and adequately – Whether non-discovery of robbed items from accused fatal to prosecution case – Whether conviction and sentence safe – Whether there were mistakes of law or facts, miscarriage of justice and valid reason to interfere with sentence – Penal Code, s 395

Tumpuan Megah Development Sdn Bhd v ING Bank NV & Anor [2024] 2 AMR 264, CA

Arbitration – Award – Enforcement of – Foreign arbitration award – Ex parte order obtained by judgment creditors for foreign judgment to be registered in High Court of Malaya – Judgment debtor ("JD") applied to set aside said registration – Foreign judgment emanated from arbitration award in United Kingdom ("UK") – Whether JD's failure to oppose recognition and enforcement of arbitral award in the UK court barred them from objecting to recognition and enforcement of award at Kuala Lumpur – Whether Malaysian High Court empowered to hear such objection de novo – Whether issue of fraud affecting jurisdiction of court necessitates trial – Whether non-recognition of foreign court judgment would violate the Reciprocal Enforcement of Judgments Act 1958 – Arbitration Act 2005, ss 8, 37, 38, 39 – Reciprocal Enforcement of Judgments Act 1958, s 5, 5(1)(a)(i), (ii), (iii), (iv), (v), (3)(b) – Rules of Court 2012, Order 67 r 9, 9(2), Order 92 r 4

Civil procedure – Judgments and orders – Foreign judgment – Recognition and enforcement of – Ex parte order obtained by judgment creditors for foreign judgment to be registered in High Court of Malaya – Judgment debtor ("JD") applied to set aside said registration – Foreign judgment emanated from arbitration award in United Kingdom ("UK") – Whether JD's failure to oppose recognition and enforcement of arbitral award in the UK court barred them from objecting to recognition and enforcement of award at Kuala Lumpur – Whether Malaysian High Court empowered to hear such objection de novo – Whether issue of fraud affecting jurisdiction of court necessitates trial – Whether non-recognition of foreign court judgment would violate the Reciprocal Enforcement of Judgments Act 1958 – Arbitration Act 2005, ss 8, 37, 38, 39 – Reciprocal Enforcement of Judgments Act 1958, s 5, 5(1)(a)(i), (ii), (iii), (iv), (v), (3)(b) – Rules of Court 2012, Order 67 r 9, 9(2), Order 92 r 4

Dr Geoffrey Alan Williams v Dr Tikfu Gee & Anor [2024] 2 AMR 302, HC

Professions – Medical practitioners – Disciplinary inquiry – Malaysian Medical Council ("Council") dismissed charges of alleged professional misconduct against doctor – Complainant appealed against Council's decision under s 29(2)(b) of the Medical Act 1971 ("the Act") – Whether complainant "aggrieved person" under s 31(1) of the Act – Whether complainant lacked locus standi – Whether appeal competent – Medical Act 1971, ss 30, 31(1) – Medical Regulations 1974, regs 26, 31(2) – Rules of Court 2012, Order 55A

Gan Kah Loon v Tan Wei Leong [2024] 2 AMR 310, HC

Contract – Breach – Friendly loan – Claim for return of outstanding balance pursuant to purported friendly loan dismissed – Friendly loan allegedly given to borrower, someone the lender never met nor spoke to before – Whether Sessions Court judge erred in law in evaluating available evidence and testimonies of witnesses – Whether friendly loan existed – Whether appellate intervention warranted

HST Engineers Sdn Bhd v Zurich General Insurance Malaysia Bhd [2024] 2 AMR 318, HC

Contract – Insurance policy – Repudiation of – Insurer repudiated insured's claim for indemnity and terminated policy – Loss incurred as a result of claim for civil liability – Whether termination valid – Whether insured committed material non-disclosure and breach of utmost good faith or duty to disclose matters – Whether claim arose from or in connection with any conduct, act, error or omission which had taken place prior to retroactive date of policy – Whether repudiation of insurance contract by insurer lawful – Whether claim outside coverage of policy – Whether claim time-barred – Whether actual loss suffered by insured – Limitation Act 1953, s 6(1)(a)

Insurance – Professional indemnity – Claim for indemnity – Insurer repudiated insured's claim for indemnity and terminated policy – Loss incurred as a result of claim for civil liability – Whether termination valid – Whether insured committed material non-disclosure and breach of utmost good faith or duty to disclose matters – Whether claim arose from or in connection with any conduct, act, error or omission which had taken place prior to retroactive date of policy – Whether repudiation of insurance contract by insurer lawful – Whether claim outside coverage of policy – Whether claim time-barred – Whether actual loss suffered by insured – Limitation Act 1953, s 6(1)(a)

Khew Chee Sun v Best Tile Marketing Sdn Bhd [2024] 2 AMR 339, HC

Contract – Breach – Damages – Royalty agreement entered between company and agent to import products from manufacturer – Company allegedly failed to pay remaining royalty payments to agent – Agent issued cheques allegedly as part of royalty payment – Whether agent entitled to all royalty payments – Whether agreement terminated – Whether cheques issued to agent part of royalty payments or friendly loan – Whether friendly loan between director of company and agent existed – Whether agent obliged to return said sum to director – Whether agent was exclusive agent to manufacturer – Whether claim time-barred – Whether company's financial documents could be sought to assess royalty due – Companies Act 2016, s 245(3)