(2025) All Malaysia Reports (AMR) - Week 24
Agasta Co Ltd & Anor v Autopulence Sdn Bhd (and Another Appeal) [2025] 4 AMR 569, CA
Civil procedure – Interpleader proceedings – Appeal – Respondents' claims over reconditioned vehicles seized from judgment debtor's ("JD") possession allowed – JD allegedly imported vehicles on behalf of respondents – Whether ownership over vehicles established – Whether contractual arrangement between respondents and JD in contravention of law and void ab initio – Whether payments made for vehicles sufficient to establish ownership – Whether appeals ought to be allowed – Contracts Act 1950, s 24(e) – Customs (Prohibition of Imports) Order 2017, paragraph 3(1) – Rules of Court 2012, Order 17 r 2
Dato' Sri Andrew Kam Tai Yeow v Grandfoods Sdn Bhd & Anor (and 2 Other Appeals) [2025] 4 AMR 585, CA
Company law – Directors – Vacation of office of director – Appeal against – Director deemed automatically retired in absence of general meeting – Injunction restraining holding of general meeting – Whether director's deemed retirement valid – Director's right to seek re-election – Whether High Court erred in declaring director's retirement – Whether appeals ought to be allowed – Companies Act 2016, s 208(1)(b)
Suruhanjaya Persaingan v MyTeksi Sdn Bhd & 2 Ors [2025] 4 AMR 616, CA
Administrative law – Remedies – Judicial review – Appeal against – Competition Commission's proposed decision imposing financial penalty quashed – Whether proposed decision constituted final decision – Whether amenable to judicial review – Whether statutory appeal under the Competition Commission Act 2010 bypassed – Whether Competition Commission's investigation tainted with procedural impropriety – Whether appealable error committed – Competition Commission Act 2010, ss 36(1), 40, Part III
Global Maritime Ventures Berhad & Anor v Izlin binti Ismail (selaku pentadbir harta pusaka Mohd Zafer Mohd Hashim) & 4 Ors (Malayan Banking Berhad & Anor – Discovery defendants) [2025] 4 AMR 631, HC
Civil procedure – Discovery and inspection of documents – Application for – Dispute in relation to alleged breach of director's duties regarding acquisition of shares – Financial documents sought from third party banks where accounts held – Whether documents sufficiently specified – Whether documents in possession, custody and power of third party banks – Whether documents qualified as "banker's book" under Bankers' Book (Evidence) Act 1949 – Whether application ought to be allowed – Bankers' Book (Evidence) Act 1949, ss 2, 7 – Rules of Court 2012, Order 24 r 7A(2), (3)(b)
JOY v GIA [2025] 4 AMR 648, HC
Civil procedure – Stay – Application for – Application to stay varied order increasing husband's access to children – Wife alleged negative impact on children's well-being and their refusal to meet their father – Whether special circumstances existed to justify stay – Whether evidence regarding children's mental health existed – Whether children genuinely refused to engage with father – Whether application was a reaction to committal proceedings instituted against wife – Law Reform (Marriage and Divorce) Act 1976, s 100
Family law – Children – Custody – Application to stay varied court order increasing husband's access to children – Wife alleged negative impact on children's well-being and their refusal to meet their father – Whether special circumstances existed to justify stay – Whether evidence regarding children's mental health existed – Whether children genuinely refused to engage with father – Whether application was a reaction to committal proceedings instituted against wife – Law Reform (Marriage and Divorce) Act 1976, s 100
Pendakwa Raya v Shanmuga Nathan a/l Selladurai & 2 Ors [2025] 4 AMR 660, HC
Criminal law – Kidnapping – Abduction or wrongful confinement for ransom – Victim voluntarily followed accused persons – No evidence of harm to victim – Whether prima facie case established against accused to answer in defence – Whether victim abducted by being deceived to follow accused – Whether accused wrongfully confined victim to hold for ransom – Evidence Act 1950, ss 90A, 114(g) – Kidnapping Act 1961, s 3 – Penal Code, ss 34, 362
