Perspektif Masa Sdn Bhd v Sabah Development Bank Berhad [2025] 1 AMR 705, CA

Civil procedure – Injunctions – Interim injunctions – Appeal against – Injunction application to restrain bank from enforcing loan security documents and commence winding-up petition dismissed – Bank guarantees invoked pursuant to issuance of certificate of practical completion ("CPC") in favour of main contractor appointed by plaintiff – Claim by plaintiff that CPC irregularly issued due to substantial number of incomplete and defective works by main contractor – Whether there was bona fide serious question to be tried that would warrant injunction to be granted – Whether calling of bank guarantee conscionable – Whether appeal ought to be allowed

Alliance Bank Malaysia Berhad v Songmart Malaysia Sdn Bhd & 5 Ors [2025] 1 AMR 725, HC

Civil procedure – Summary judgment – Application for – Suit filed against borrower and guarantors for default in repayment of loan – Grounds of availability of alternate remedy, excessive interest rate and unjust enrichment raised by borrower and guarantors – Whether triable issues raised – Whether applications ought to be allowed – Contracts Act 1950, s 75 – Rules of Court 2012, Order 14

Dongguan Tecenstar Photoelectricity Technology Limited v Crystal Clear Technology Sdn Bhd [2025] 1 AMR 741, HC

Civil procedure – Setting aside – Application for – Judgment in default of appearance ("JID") obtained a day after expiry of time limited for appearing – Whether defendant established defence on merits to support setting aside of JID – Whether principles governing summary judgment relevant to setting aside application – Rules of Court 2012, Order 12 r 4, Order 13 r 8, Order 14, Order 14 r 3(2)

Jitendra Chhotalal Doshi & Anor v Malaysia Rail Link Sdn Bhd & Anor [2025] 1 AMR 750, HC

Civil procedure – Striking out – Statement of claim – Application for – Tenancy agreement executed for rental of part of lands ("leased lands") regarding railway project – Clause waiving landowners' rights to claim for trespass against company included in agreement – Acquisition of leased lands – Landowners claimed agreement vitiated due to misrepresentation and sued company and owner of project for trespass – Whether landowners' claim obviously unsustainable – Whether ought to be struck out – Whether area beyond leased lands used by company – Whether owner of project liable for company's action – Whether landowner ceases to have locus standi to sue trespassers on land once acquired – Whether triable issues raised – Land Acquisition Act 1960, Form K

Low Kim Hong v Low Shee Kian [2025] 1 AMR 761, HC

Civil procedure – Injunctions – Interlocutory injunctions – Dispute over transfer of majority shares in family-owned company – Father allegedly signed documents for transfer shares to eldest son ("disputed documents") under undue influence due to significant health deterioration – Transfer of father's shares to eldest son proceeded despite pending injunction application in different suit – Ex parte interim injunction granted to prevent father's shares and assets from being dealt with pending inter partes hearing – Whether interim injunction ought to be maintained until disposal of action – Whether disputed documents and transfer of shares valid – Whether there were serious issues to be tried warranting further investigation at trial – Whether balance of convenience favoured father – Whether damages constituted adequate remedy

Palikota Sdn Bhd & Anor v Valentino Koh Jiunn Kiat [2025] 1 AMR 780, HC

Civil procedure – Injunctions – Perpetual injunctions – Application to restrain owner of condominium unit from carrying out short term rentals for commercial purposes – Sale and purchase agreement ("SPA") limited use of unit to be residential/dwelling purpose only – Whether unit owner breached his contractual obligations – Whether there was misrepresentation by developer that short-term rentals were allowed – Whether threshold for grant of perpetual injunction met – Whether Order 29 r 1 of the Rules of Court 2012 could only be invoked for interlocutory injunctions and not perpetual injunction – Courts of Judicature Act 1964 – Kota Kinabalu Municipal Council (Hotels and Lodging Houses) By-laws 1966 – Land (Subsidiary Title) Enactment 1972, s 18(5), (5)(a) – Rules of Court 2012, Order 29 r 1 – Specific Relief Act 1950, s 52

Supreme Broadcast International Sdn Bhd v Ketua Pengarah Penyiaran Radio Televisyen Malaysia (RTM) & 2 Ors [2025] 1 AMR 791, HC

Tort – Negligence – Breach of duty – Disputes regarding rights to air certain movie – Whether notice of plaintiff's rights over movie given to first defendant – Whether first defendant owed duty of care to plaintiff and breached it by airing movie despite receiving such notice – Whether caused losses to plaintiff – Whether losses remote – Whether Government of Malaysia vicariously liable – Government Proceedings Act 1956, s 5