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All Malaysia Reports (AMR) - Week 15 (Part 2)

Content updates

Recently added cases from AMR to Westlaw Asia

Pembinaan SPK Sdn Bhd v Conaire Engineering Sdn Bhd-LLC & Anor (and Another Appeal) [2023] 3 AMR 217, FC

Civil procedure – Judgments and orders – Foreign judgment – Recognition and enforcement of – Appeal – Application to enforce judgment passed by foreign country not listed under the First Schedule to the Reciprocal Enforcement of Judgments Act 1958 ("REJA") – Application allowed by High Court and affirmed by Court of Appeal – No original copy of foreign judgment produced – Whether foreign judgment by country not listed under First Schedule to the REJA enforceable by common law action in Malaysia – Whether appeal ought to be allowed – Evidence Act 1950, ss 55, 62, 74, 78, 86 – Reciprocal Enforcement of Judgments Act 1958 – Rules of Court 2012, Order 92

Kagatree a/p Pechi v Public Prosecutor (and Another Appeal) [2023] 3 AMR 230, CA

Criminal law – Offences affecting the human body – Murder – Appeal against conviction and sentence under ss 302 and 34 of the Penal Code for murder with common intention – Claim that offence committed by third party – Whether conviction and sentence safe – Whether common intention established – Whether doctrine of "last seen together" applicable – Whether circumstantial evidence in favour of prosecution or appellant – Whether duty owed to save victim – Penal Code, ss 34, 300(c), 302

Goh Kean Peng v Fong Tat Yuan & 3 Ors [2023] 3 AMR 259, HC

Civil procedure – Striking out – Statement of claim – Slander pleaded against all parties when impugned words spoken by only one of them – Whether claim of slander sustainable against parties who had not spoken or uttered impugned words – Rules of Court 2012, Order 18 r 19(1)(a), (b), (d)

Shahrudin bin Tajudeen v Pihak Berkuasa Tatatertib Majlis Bandaraya Pulau Pinang &  Anor [2023] 3 AMR 266, HC

Administrative law – Remedies – Judicial review – Dismissal on ground of misconduct – Certiorari sought to quash dismissal and compel reinstatement – Disciplinary action taken premised on complaints lodged by employee as to his requirement to be present at workplace during total lockdown (MCO phase 1) – Whether there was misconduct – Whether judicial review ought to be allowed – Penang Municipal Council Employees (Conduct and Discipline) Rules 2000, rules 10(2)(d)(i), (g), (h), (i), 35(4), 46(1)(g) – Local Government Act 1976, s 16(4) – Rules of Court 2012, Order 53 r 3(2)

TSA Industries Sdn Bhd v Teoh Lai Kin & 5 Ors [2023] 3 AMR 297, HC

Contract – Breach – Damages – Recovery claim for fraudulent siphoning of monies from company's current account based on forged letters of instruction – Whether claim of fraudulent siphoning of monies proved – Whether employee's actions attributable to employer – Whether provisions of Bills of Exchange Act 1949 and s 29(1)(b) of Limitation Act 1953 applicable – Bills of Exchange Act 1949 – Contracts Act 1950, s 29 – Limitation Act 1953, s 29(1)(b)

Tort – Negligence – Breach of duty – Banker-customer relationship – Claim of breach of contract, negligence, breach of common law duties and conversion against bank for honouring payments on forged letters of instruction ("LOI") to customer's prejudice – Letter of indemnity executed by parties – Whether bank owed duty to request original LOIs and make verification calls – Whether letter of indemnity valid and enforceable – Bills of Exchange Act 1949 – Contracts Act 1950, s 29 – Limitation Act 1953, s 29(1)(b)


By Thomson Reuters Malaysia Editorial Team
Malaysia Editorial Team

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