Koperasi Permodalan Felda Malaysia Berhad v IMEJ Parking Sdn Bhd [2025] 3 AMR 701, CA

Contract – Breach – Damages – Disputes arising out of car park operation – Claim for mechanical parking bays contracted to cark park operator ("operator") allowed – Counterclaim by car park owner for unpaid rental, share of profit and GST and other claims dismissed – Mutual set-off between claim and counterclaim resulted in net balance payable by car park owner – Whether car park owner's counterclaim ought to be allowed in view of operator's acknowledgement – Whether set-off between claim and counterclaim needed – Whether operator's claim for loss of profits during periods without valid licensing rightly rejected – Whether operator or car park owner responsible to obtain certificate of fitness under s 19 of the Factories and Machinery Act 1967 for car park operation – Whether appealable errors existed warranting appellate intervention – Factories and Machinery Act 1967, ss 19, 50(3)

Mustapha Kamil bin Abdullah v Ketua Pegawai Eksekutif Perbadanan Pengurusan Sisa Pepejal Dan Pembersihan Awam & Anor [2025] 3 AMR 717, CA

Public servants – Appointments – Promotions and/or transfers – Appellant employed at Grade W44 in National Audit Department ("NAD") – Promotion as Acting W48 in NAD rejected due to offer of permanent post at Grade W48 – Letter forwarded to NAD informing intention to offer permanent post ("letter") – Whether offer subsequently approved – Whether letter amounted to offer for permanent post – Whether valid offer made – Whether appellate intervention warranted

Zulfaldy Shafieq bin Ali v Public Prosecutor [2025] 3 AMR 734, CA

Criminal law – Offences affecting the human body – Murder – Appeal against conviction and death sentence – Deceased stabbed in neck, struck with iron bar, wrapped in canvas, tied with rope and thrown into river – Deceased's body half-eaten by crocodile with lower extremities remaining – Whether identity of deceased and cause of death ascertainable – Whether testimony of eyewitnesses credible – Whether reasonable doubt raised in prosecution case – Whether death sentence reasonable and appropriate – Whether conviction and sentence safe – Criminal Procedure Code, ss 182A(1), 277 – Penal Code, s 302

Daniel Lee Eng Wern v Mr Aaron Lim Boon Keng [2025] 3 AMR 763, HC

Tort – Negligence – Medical negligence – Claim for damages and liability – Alleged misdiagnosis of patient's medical ailment by specialist – Suggestion for further investigation declined by patient due to costs and insurance issues – Backbone fracture due to giant cell tumour diagnosed when patient admitted to different hospital – Patient suffered permanent disability in spine movement despite successful surgery to remove tumour – Whether specialist negligent when examining patient – Whether doctrine of res ipsa loquitur applicable – Whether specialist caused and/or materially contributed to patient's alleged injuries, losses and/or damages (if any) – Whether patient liable for contributory negligence – Civil Law Act 1956, ss 12, 28A(1)(a)