Yong Kok Yeap v Precious Concrete Sdn Bhd [2025] 1 AMR 581, CA

Civil procedure – Summary judgment – Appeal – Claim for outstanding dues under contract – Joint and several guarantee executed by company's director ("guarantor") for any payment due and owing by company – Application for summary judgment allowed – Whether triable issues raised – Whether there was cause of action against guarantor – Whether guarantee binding on guarantor – Whether appeal ought to be allowed – Rules of Court 2012, Order 14

ZMSB v PSB [2025] 1 AMR 592, CA

Arbitration – Arbitration agreement – Appointment of arbitrator – Appellant alleged non-compliance with arbitrator's appointment procedure under agreement – Respondent countered non-compliance of timeframe stipulated in Arbitration Act 2005 ("AA") – Application to set aside arbitrator's award dismissed and application to enforce the same allowed – Whether procedure for challenging arbitrator's appointment under s 15 of the AA complied with – Whether failure to object to arbitrator's appointment within time stipulated in the AA constituted a waiver of right to object – Whether appellant may reserve its right to have challenge to arbitrator's appointment decided when award issued – Whether arbitration award could be set aside on basis of tribunal composition – Arbitration Act 2005, ss 7, 14(3)(a), (b), 15, 15(1), 37, 37(1)(a)(vi)

Loo Bee Eng v Pan Kee Mun & 5 Ors [2025] 1 AMR 611, HC

Civil procedure – Striking out – Application for – Declarations sought in suit similar to previously dismissed originating summons ("OS") – No appeal filed against said dismissal – Whether facts pleaded and reliefs sought in suit similar to OS – Whether suit frivolous and vexatious and abuse of court's process – Whether suit barred by res judicata or estoppel – Whether merits of suit considered in OS – Rules of Court 2012, Order 18 r 19

MFS Sdn Bhd v P Vivekananda a/l Paniarasalam [2025] 1 AMR 632, HC

Contract – Moneylending agreement – Breach – Claim for recovery of monies loaned with interest – Claim dismissed solely due to non-compliance with s 21 of the Moneylenders Act 1951 ("the MA 1951") – Writ and statement of claim not accompanied by statement of account – Whether fatal to claim – Whether non-compliance with the MA 1951 must be pleaded – Whether plaintiff prejudiced – Whether plaintiff entitled to restitution – Contracts Act 1950, s 66 – Moneylenders Act 1951, ss 19, 21 – Rules of Court 2012

Michael Ding Soon Ming v Meor Wazir bin Zulaidin & 2 Ors (and Another Originating Summons) [2025] 1 AMR 657, HC

Land law – Caveats – Removal – First caveat lodged by purchaser on ground of execution of offer to purchase property and payment of earnest deposit – Second caveat lodged on same grounds with additional fact of pendency of suit for specific performance filed by him – Application to extend validity of first caveat filed by purchaser – Application to cancel second caveat filed by vendors – Whether first and second caveat separate – Whether second caveat valid when lodged – Which application ought to be allowed – National Land Code, ss 322-329, 323(2), 326, 326(1B), (2), (3), Form 19C

Perusahaan Otomobil Kedua Sdn Bhd & Anor v Lee Lap Kee (sole proprietor of and trading as Eco Auto Supply) [2025] 1 AMR 676, HC

Damages (General) – Assessment – Application for – Claim for trademark infringement and tort of passing off – Consent judgment entered by parties provided inquiry as to damages arising from acts of infringement or passing off may be carried out – Denial of liability despite consent judgment being entered – Whether said denial acceptable – Whether loss of business profits and loss of goodwill and reputation proven – Whether caused by defendant – Trade Descriptions Act 2011

Intellectual property – Trademarks – Infringement – Assessment of damages – Claim for trademark infringement and tort of passing off – Consent judgment entered by parties provided inquiry as to damages arising from acts of infringement or passing off may be carried out – Denial of liability despite consent judgment being entered – Whether said denial acceptable – Whether loss of business profits and loss of goodwill and reputation proven – Whether caused by defendant – Trade Descriptions Act 2011

Saravana Kumar a/l Kannu v Public Prosecutor [2025] 1 AMR 692, HC

Criminal law – Offences affecting the human body – Voluntarily causing grievous hurt by dangerous weapons – Appeal against conviction and sentence – Appellant allegedly wielding "parang" during commission of robbery and causing injury to victim – Defence primarily based on inability to grip weapon due to past injuries – Failure by prosecution to investigate said condition – Whether sufficient ground to allow appeal – Whether appellant's photo shown to victim prior to identification parade – Whether identification parade, photographic and dock identification flawed – Whether reliable to support conviction – Whether Sessions Court judge erred in rejecting defence of alibi solely due to familial relationship between appellant and his witnesses – Evidence Act 1950, s 114(g)