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All Malaysia Reports (AMR) - Week 18 (Part 1)

Content updates

Recently added cases from AMR to Westlaw Asia

Poosai Pandian Gunasekaran & 47 Ors v AJN Energy (M) Sdn Bhd [2023] 3 AMR 537, CA

Labour law – Employment – Wages – Appeal against High Court's order setting aside Director General of Labour's order for payment of unpaid wages – Withdrawal of complaints during trial – Whether s 69 of Employment Act 1955 ("the Act") confers full discretion on presiding officer of Labour Department and/or Labour Court to further investigate and decide on said complaints – Whether presiding officer of Labour Department and/or Labour Court right in deciding respondent as duty to pay wages – Whether appellate intervention warranted – Employment Act 1955, ss 69, 69A, 70, 79, 91, 99A

Tetuan Sulaiman & Taye v Wong Poh Kun & Anor (and Another Appeal) [2023] 3 AMR 548, CA

Company law – Winding-up – Directors – Breach of fiduciary duty – Appeal – Claim for outstanding dues for legal services rendered – Directors sold company's sole asset and unable to pay debts to creditors in undisclosed winding-up petition filed by Government of Malaysia – High Court ordered monies be deposited with liquidator while making directors personally liable – Whether intention to default company's creditors by directors – Whether directors personally and jointly liable – Whether securing payment for Government of Malaysia correct – Companies Act 1965, ss 218, 304, 304(1) – Companies Act 2016, s 540 – Companies Act 1948 (UK), s 332(1) – Insolvency Act 1986 (UK), s 213

Goh Leong Yeong v Pengerusi Lembaga Pencegahan Jenayah & 2 Ors [2023] 3 AMR 565, HC

Criminal procedure – Habeas corpus – Application for – Detention order under s 19A(1) of the Prevention of Crimes Act 1959 ("POCA") challenged – Challenge premised on absence of allegation of organised violence – Whether grounds of detention fell within scope of order made – Whether detention order in breach of s 19A of POCA – Federal Constitution, Article 149(1) – Prevention of Crimes Act 1959, s 19A, 19A(1)

Setia Fontaines Sdn Bhd v Pro Tech Enterprise Sdn Bhd [2023] 3 AMR 570, HC

Civil procedure – Injunctions – Fortuna injunction – Application to restrain defendant from presenting winding-up petition – Arbitration proceedings pending qua subject matter of winding-up petition – Whether alleged debt admitted by plaintiff – Whether bona fide dispute of alleged debt existed – Whether winding-up petition likely to fail due to plaintiff's commercial solvency – Whether disputes amenable to arbitration – Whether irreparable damage would be caused if injunction not granted – Companies Act 2016, s 466(1)(a) – Construction Industry Payment and Adjudication Act 2012, s 16(1)(b)

Stabilised Pavements (M) Sdn Bhd v PLB Terang Sdn Bhd [2023] 3 AMR 601, HC

Contract – Breach – Damages – Application for payment of balance sum of instalment payments, idling costs and late payment interest – Admission of debt only as regards balance sum – Whether settlement agreement void on account of breach – Whether entitled to claim balance sum, idling costs and late payment interest – Evidence Act 1950, s 114(g)

Supreme Priority Sdn Bhd v OCBC Bank (Malaysia) Berhad [2023] 3 AMR 621, HC

Civil procedure – Striking out – Statement of claim – Loan facility recalled by bank upon borrower's failure to fulfil pre-conditions, deterioration of financials and non-compliance with contractual covenants – Whether statement of claim disclosed any cause of action – Whether claims frivolous – Whether defendant entitled to cancel loan facility – Whether issues raised necessitate trial – Rules of Court 2012, Order 18 r 19(1)(b), (c)


By Thomson Reuters Malaysia Editorial Team
Malaysia Editorial Team

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