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All Malaysia Reports (AMR) - Week 1

Content updates

Recently added cases from AMR to Westlaw Asia

Daljinder Singh v Amardeep Singh a/l Daljinder Singh [2023] 1 AMR 1, HC

Civil procedure – Contempt of court – Committal proceedings – Non-compliance with terms of order of court – Application to commit respondent to prison – Whether respondent aware of breach he was alleged to have committed – Whether respondent knowingly breached terms of order – Whether mandatory for committal papers to be served personally – Whether just in circumstances for personal service to be dispensed with – Rules of Court 2012, Order 52 r 3

Kamaruddin bin Abd Rahim v Public Prosecutor [2023] 1 AMR 15, HC

Criminal procedure – Trial – Stay of proceedings – Application to High Court for stay pending disposal of appeal against dismissal of recusal application – Similar application for stay filed before Court of Appeal, dismissed and appeal against dismissal pending before Federal Court – Whether application for stay before High Court rendered academic or otiose, and an abuse of process of court – Courts of Judicature Act 1964, s 100 – Penal Code, s 302

PEPS-JV (Melaka) Sdn Bhd v Industrial Court of Malaysia & Anor [2023] 1 AMR 37, HC

Labour law – Industrial Court – Award of – Judicial review and order of certiorari sought to quash award – Trade dispute over terms of collective agreement – Whether award tainted with illegality, procedural impropriety or suffered from Wednesbury unreasonableness or Anisminic error and amenable to judicial review – Whether Industrial Court acted with equity, good conscience and with regard to public interest in making award – Industrial Relations Act 1967, s 30(5)

TAL Property Sdn Bhd v Ng Kiat Kong @ Karim & Anor [2023] 1 AMR 55, HC

Civil procedure – Judgments and orders – Consent order – Application to impeach and set aside consent order obtained in previous suit on grounds of fraud and misrepresentation – Determination of preliminary issue of whether application barred by doctrine of res judicata and/or issue estoppel from relitigating issues raised previously – Whether judgment or order can be impeached or set aside for fraud in fresh action – Whether requirement under Order 33 r 5 of the Rules of Court 2012 satisfied – Rules of Court 2012, Order 33 rr 2, 5

The Football Association Premier League Limited & Anor v Bar Theory Sdn Bhd & 2 Ors [2023] 1 AMR 71, HC

Intellectual property – Copyright – Infringement – Live screening of two Premier League matches at restaurant bar without owners' licence and consent – Plaintiffs the owners of copyrighted works – Whether defendants had infringed plaintiffs' copyright – Copyright Act 1987, ss 36, 13(1)(aa), (b)

VAX (menuntut melalui bapa kandungnya, UNG) v Pendaftar Besar Kelahiran dan Kematian & 3 Ors [2023] 1 AMR 84, HC

Constitutional law – Citizenship – Citizenship by operation of law – Application for – Child born out of wedlock and within the federation, to Malaysian father and Thai mother – Marriage of child's parents registered subsequently – Whether child entitled to Malaysian citizenship by operation of law pursuant to Article 14(1)(b) read with section 1(a) of Part II of the Second Schedule to the Federal Constitution – Whether child "not born a citizen of any country" – Evidence Act 1950, s 103 – Federal Constitution, Articles 14(1)(b), 15A, Second Schedule, section 1(a), (e) of Part II, section 17 of Part III – Legitimacy Act 1961, s 4


By Thomson Reuters Malaysia Editorial Team
Malaysia Editorial Team

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