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All Malaysia Reports (AMR) - Week 15 (Part 1)

Content updates

Recently added cases from AMR to Westlaw Asia

Haris Fathillah bin Mohamed Ibrahim & 2 Ors v Tan Sri Dato‘ Sri Haji Azam bin Baki & 2 Ors [2023] 3 AMR 109, FC

Constitutional law – Courts – Federal Court – Reference of constitutional question by High Court – Proceedings arising out of investigation on serving superior court judge by Malaysian Anti-Corruption Commission under s 3 of the Malaysian Anti-Corruption Commission Act 2009 stayed – Whether serving superior court judge liable to criminal investigations and prosecution in light of constitutional protections under Article 125 of the Federal Constitution – Whether court observations generic – Whether investigation breached doctrine of judicial independence – Courts of Judicature Act 1964, ss 84, 85 – Federal Constitution, Articles 4, 125, 125(3), (5), 145(3), Part IX – Judges' Ethics Committee Act 2010 – Malaysian Anti-Corruption Commission Act 2009, s 3

Jiwaneswary a/p Raman v Etiqa General Takaful Berhad [2023] 3 AMR 133, CA

Civil procedure – Parties – Application to intervene – Appeal against High Court's decision allowing insurance company to intervene in trial of running down case under Order 15 r 6 of the Rules of Court 2012 – Whether application to intervene ought to be allowed – Rules of Court 2012, Order 15 r 6, 6(2)(b)(ii) – Road Transport Act 1987, s 96(1), (3)

1 Millenium International Sdn Bhd v Neoh Chee Keong & Anor [2023] 3 AMR 150, HC

Civil procedure – Summary judgment – Application for – Recovery of debt unequivocally admitted to in writing affirmed by commissioner for oaths – Whether triable issues existed – Whether there were admissions of debt – Penal Code – Rules of Court 2012, Order 14 – Statutory Declaration Act 1960, s 3

Hong Leong Assurance Berhad v Ling Yu Kian Leong @ Yu Kian Leong & Anor [2023] 3 AMR 160, HC

Contract – Agency – Agency agreement – Termination – Claim for claw back of commission, bonus and incentive payments paid for policies cancelled by policy holders after statutory cooling-off period – Complaint of pre-contractual misrepresentation and forgery by agents – Counterclaim for losses due to insurer's mala fide actions – Whether insurer had legal right to cancel policies after statutory cooling-off period – Whether counterclaim ought to be allowed – Whether claw back provisions applicable after termination of agreement – Whether losses suffered by agents – Financial Services Act 2013, s 128, Schedule 8

Mohd Faizal bin Amran v Pendakwa Raya (and 2 Other Appeals) [2023] 3 AMR 206, HC

Criminal law – Possession – Possession of unregistered products – Appeal against conviction and sentence – Accused convicted and sentenced for three charges under s 30(3) of the Poisons Act 1952 read with s 34 of the Penal Code – Whether element of possession proved – Whether prima facie case made out by prosecution – Penal Code, s 34 – Poisons Act 1952, s 30(3), (4)


By Thomson Reuters Malaysia Editorial Team
Malaysia Editorial Team

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