Dr Esa Kamaruzaman v Dr Neville anak Michael Gomis (mendakwa dengan sendirinya dan sebagai pentadbir estet Maisarah binti Repin, simati) & 2 Ors [2025] 1 AMR 925, CA

Tort – Negligence – Medical negligence – Doctor-patient relationship – Deceased died after giving birth – Cause of death allegedly due to incorrect insertion of central venous line ("CVL") to neck – Claim against doctor who inserted CVL allowed by High Court – Whether finding correct – Whether deceased's gynaecologist who delivered the baby also liable for deceased death – Whether quantum of damages awarded reasonable – Whether award for aggravated damages justified – Whether there was appealable error on liability and/or damages – Courts of Judicature Act 1964, s 69(4)(a)

Zuraida bte Kamaruddin v Saifuddin Nasution bin Ismail (saman sebagai Setiausaha Agung, Parti Keadilan Rakyat untuk dan bagi pihak Parti Keadilan Rakyat) [2025] 1 AMR 945, CA

Contract – Breach – Bond agreement – Secretary General of Parti Keadilan Rakyat ("PKR") sued appellant to claim amount due under bond – Allegation of breach of bond and damages – Appellant announced resignation from PKR without resigning as Member of Parliament – Whether bond valid and enforceable – Whether breached – Whether stipulated damages of RM10 million for breach of bond reasonable – Whether appeal ought to be allowed – Contracts Act 1950, s 71

Bon Estates Sdn Bhd v Tan Chun Khuan [2025] 1 AMR 968, HC

Contract – Breach – Sale and purchase agreement ("SPA") – Claim for liquidated ascertained damages ("LAD") – Half of deposit paid by purchaser to purchase unit – Delivery of vacant possession extended to 48 months by Ministry of Urban Wellbeing, Housing and Local Government ("ministry") – Further exemption granted due to COVID-19 pandemic – Subsequent sale of unit to new owner prior to filing of LAD claim – Whether purchaser had locus standi to claim LAD – Whether ministry's approval for extension of time valid – Calculation of LAD – Whether from date of payment of deposit or date of SPA – Housing Development (Control and Licensing) Act 1966, s 22C

Kee Lee Peow v Kee Jek Hee & 2 Ors [2025] 1 AMR 979, HC

Civil procedure – Injunctions – Interlocutory injunction – Application to restrain administrators' of deceased's estate from administering the estate – Claim that letter of administration obtained through fraud – Whether application ought to be allowed – Whether beneficiaries of deceased's estate would be prejudiced – Whether balance of convenience lay with plaintiff – Probate and Administration Act 1959, s 30 – Rules of Court 2012, Order 71 r 19

Public Prosecutor v Tony bin Daud [2025] 1 AMR 986, HC

Criminal law – Trafficking in persons and smuggling of migrants – Sentence – Accused pleaded guilty to charge of smuggling migrants – Appropriate and reasonable sentence to be imposed – Whether court duty bound to impose severe and deterrent sentence in view of public interest – Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007, ss 3, 26A – Immigration Act 1959/63, s 6(1)(c) – Security Offences (Special Measures) Act 2012, s 3

Criminal procedure – Sentence – Adequacy of sentence – Offence of smuggling migrants – Accused pleaded guilty to charge – Appropriate and reasonable sentence to be imposed – Whether court duty bound to impose severe and deterrent sentence in view of public interest – Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007, ss 3, 26A – Immigration Act 1959/63, s 6(1)(c) – Security Offences (Special Measures) Act 2012, s 3

Tan Tiang Huat v Lim Yee Hui & 2 Ors [2025] 1 AMR 996, HC

Civil procedure – Judgments and orders – Application to set aside – Leave granted to majority shareholder to commence derivative action on company's behalf – Leave granted via ex parte order – Non-service of cause papers and order on first defendant – Whether order should be set aside – Whether leave could be granted on ex parte basis under ss 347 and 348 of the Companies Act 2016 ("the Act") – Whether mandatory requirements under s 348(2) of the Act complied with – Whether order defective and violated principles of natural justice – Whether leave application made in bad faith and with ulterior motives without valid cause of action – Companies Act 2016, ss 347, 348, 348(2), (4)

Company law – Derivative action – Leave to commence action on behalf of company – Application to set aside – Leave granted to majority shareholder via ex parte order – Non-service of cause papers and order on first defendant – Whether order should be set aside – Whether leave could be granted on ex parte basis under ss 347 and 348 of the Companies Act 2016 ("the Act") – Whether mandatory requirements under s 348(2) of the Act complied with – Whether order defective and violated principles of natural justice – Whether leave application made in bad faith and with ulterior motives without valid cause of action – Companies Act 2016, ss 347, 348, 348(2), (4)

Yayasan Wilayah Persekutuan v Pinnacle Homes SP Sdn Bhd (formerly known as I-Con Empire Sdn Bhd) [2025] 1 AMR 1014, HC

Contract – Breach – Sale and purchase agreement ("SPA") – Plaintiff purchased land owned by third party – Land subsequently sold to defendant – Parties executed SPA and supplemental SPA – Claim for balance of purchase price of land – Counterclaim for expenses incurred in acquiring land – Whether there was oral agreement for defendant to bear expenses incurred – Whether negated by SPA and supplemental SPA – Whether expenses incurred were plaintiff’s obligations – Whether claim should be set-off against counterclaim