(2025) All Malaysia Reports (AMR) - Week 15 (Part 2)
Asian International Arbitration Centre v One Amerin Residence Sdn Bhd & 3 Ors (and Another Appeal) [2025] 3 AMR 237, FC
Administrative law – Remedies – Judicial review ("JR") – Application to challenge acts and decisions of Asian International Arbitration Centre ("AIAC") – Functions of AIAC as statutory adjudication authority under Construction Industry Payment and Adjudication Act 2012 ("CIPAA") – Extent of immunity enjoyed by AIAC under CIPAA and International Organizations (Privileges and Immunities) Act 1992 – Whether applicable to JR proceedings on domestic and statutory functions under CIPAA – Whether could oust High Court's inherent powers in JR proceedings – Whether necessary to draw distinction on AIAC's capacity as international arbitral institution or statutory adjudication authority before determining its entitlement to immunity – Construction Industry Payment and Adjudication Act 2012, s 34(1) – International Organizations (Privileges and Immunities) Act 1992, s 11(5), First Schedule
Construction law – Adjudication – Judicial review ("JR") – Application to challenge acts and decisions of Asian International Arbitration Centre ("AIAC") – Functions of AIAC as statutory adjudication authority under Construction Industry Payment and Adjudication Act 2012 ("CIPAA") – Extent of immunity enjoyed by AIAC under CIPAA and International Organizations (Privileges and Immunities) Act 1992 – Whether applicable to JR proceedings on domestic and statutory functions under CIPAA – Whether could oust High Court's inherent powers in JR proceedings – Whether necessary to draw distinction on AIAC's capacity as international arbitral institution or statutory adjudication authority before determining its entitlement to immunity – Construction Industry Payment and Adjudication Act 2012, s 34(1) – International Organizations (Privileges and Immunities) Act 1992, s 11(5), First Schedule
Dato’ Ting Ching Lee v Ting Siu Hua [2025] 3 AMR 291, FC
Contract – Gambling contracts – Legality of – Counterclaim for recovery of monies for lines of credit and rolling rebate to gamble – Whether such claim constituted gambling debt – Whether credit facilities or agreements granted solely for gambling were pure loan or gambling contract – Whether enforceable under Malaysian law – Whether void ab initio – Whether s 26 of the Civil Law Act 1956 and ss 24 and 31(1) of the Contracts Act 1950 applicable in light of Wynn Resorts (Macau) SA v Poh Yang Hong [2019] MLJU 2003 – Principle of reality of transactions – Whether against public policy – Civil Law Act 1956, s 26, 26(1), (2) – Contracts Act 1950, ss 24, 24(d), 31, 31(1)
Pendaftar Hakmilik Negeri Perak Pejabat Pengarah Tanah dan Galian Bangunan Seri Perak Darul Ridzuan Jalan Panglima Bukit Gantang Wahab 30000 Ipoh, Perak v Wong Sew Ling & 14 Ors [2025] 3 AMR 321, CA
Land law – Sub-division of titles – Conversion of land from freehold to leasehold – Original landowners surrendered freehold lands to state authority for housing development – Status of lands converted to 99-years leasehold after re-alienation – Purchasers of properties on lands challenged change – Whether state authority has power to alter land status from freehold land to leasehold during re-alienation – Whether purchasers estopped from claiming to have lands reverted to freehold – Whether doctrine of estoppel applicable when act complained of ultra vires – Federal Constitution, Articles 4(1), 8(1), 13 – National Land Code, s 204E(3)
Leandro David Lo v Public Prosecutor [2025] 3 AMR 329, HC
Criminal procedure – Sentencing – Appeal against sentence – Caretaker at old folks' home charged for voluntarily causing hurt to 74-year-old resident – Caretaker pleaded guilty and sentenced to six months' imprisonment – Whether sentence manifestly excessive – Whether sentence of fine more suitable – Whether magistrate erred in law or fact – Penal Code, s 323
