(2025) All Malaysia Reports (AMR) - Week 12 (Part 2)
Tan Sri Dr Mohd Irwan Serigar bin Abdullah v Datuk Kamal bin Mohd Ali & Anor (and Another Appeal) [2025] 2 AMR 713, CA
Civil procedure – Striking out – Third-party proceedings – Allegations of fiduciary breaches and mismanagement – Contribution against other board members ("third parties") for potential damages and defence costs sought – Whether there was inordinate delay in filing third-party proceedings – Whether judicial commissioner ("JC") erred in setting aside third-party notice – Whether third parties shared responsibility for decisions made by 1MDB – Whether third parties had knowledge of wrongful transactions and breaches – Whether plaintiff to choose who to sue – Whether appeals should be allowed to proceed
Cheah It Tee v Pengarah Tanah & Galian, Pulau Pinang & Anor [2025] 2 AMR 762, HC
Land law – Acquisition of land – Reinstatement of acquired land – Landowner received compensation and did not object to acquisition for public purpose – New titles registered on acquired land after 20 years, resulting in alleged loss of land strip – Landowner sought declaratory reliefs to invalidate new titles and reinstate acquired land in entirety – Whether landowner's action constituted back door attempt to invalidate land acquisition – Whether there was delay in filing application – Whether land acquisition valid – Whether there was difference in character or size of acquired land – Whether acquired land ought to be reinstated – Land Acquisition Act 1960
Rosniyati binti Maskam v Kugapriya Ganasan (sebagai wakil diri bagi si mati, Melvinder Singh a/l Manjit Singh yang telah meninggal dunia pada 4.9.2023) & 2 Ors [2025] 2 AMR 777, HC
Professions – Advocates and solicitors – Negligence – Law firm retained proceeds from sale of client's land due to unpaid fees – Whether professional negligence and/or fraud committed – Whether partner of law firm not directly involved in transaction jointly liable
Sim Choo Thiam v Public Prosecutor [2025] 2 AMR 793, HC
Criminal procedure – Revision – Pre-trial disclosure application – Accused sought pre-trial disclosure of written statement of facts favourable to his defence – Whether Sessions Court erred in law in dismissing application in view of s 51A(1)(c) of the Criminal Procedure Code – Whether facts proved to be favourable to defence – Whether accused entitled to written statement sought before commencement of trial – Criminal Procedure Code, s 51A(1)(c), (2) – Malaysian Anti-Corruption Commission Act 2009, ss 16(a)(B), 24(1), 62
Techno Analysis Sdn Bhd v Shapadu Energy Services Sdn Bhd [2025] 2 AMR 827, HC
Civil procedure – Withdrawal and discontinuance – Application for – Plaintiff sought to discontinue action with liberty to file afresh in court – Defendant agreed with discontinuance but opposed liberty to file afresh – Suit stayed pending arbitration – Whether application ought to be allowed with liberty to file afresh – Whether application would prejudice defendant – Arbitration Act 2005, s 10 – Rules of Court 2012, Order 21 r 3(1)
