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All Malaysia Reports (AMR) - Week 18 (Part 2)

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Recently added cases from AMR to Westlaw Asia

Dato' Seri Hj Mustafar bin Hj Ali Pengerusi Lembaga Tatatertib Kumpulan Sokongan (No. 1) Jabatan Imigresen Malaysia, Putrajaya & 4 Ors v Yuganthiran a/l Guinda Rajoo [2023] 3 AMR 637, CA

Administrative law – Remedies – Judicial review – Appeal – High Court set aside decision of Disciplinary Board ("DB") dismissing public officer from service under Public Officers (Conduct and Discipline) Regulations 1993 – Whether DB's decision breached natural justice and tainted with error of law – Whether non-compliance with reg 37(2) of the Public Officers (Conduct and Discipline) Regulations 1993 – Whether decision ought to be quashed – Public Officers (Conduct and Discipline) Regulations 1993, regs 37, 37(2), 38(g) – Public Officers (Conduct and Discipline) (Amendment) Regulations 2002

Ab Razak bin Attan v Abdul Hadee bin Ab Razak [2023] 3 AMR 661, HC

Land law – Ownership – Termination – Application for – Plaintiff and defendant named joint owners of property on agreement and loan documentation – Plaintiff sought termination of joint ownership claiming defendant holding half share in property as trustee for benefit of plaintiff – Whether half share in property held in trust – Whether court empowered to make order for sale of property to third parties – Courts of Judicature Act 1964, s 25(2) – Evidence Act 1950, ss 59, 101, 102 – National Land Code, s 145(2) – Rules of Court 2012, Order 31

Ahmad Azhan bin Gelang Sebar v Timbalan Menteri Dalam Negeri, Malaysia & 3 Ors [2023] 3 AMR 679, HC

Criminal procedure – Habeas corpus – Application for – Challenge against detention order under s 6(1) of the Dangerous Drugs (Special Preventive Measures) Act 1985 ("the Act") – Allegations of fact made no reference to "a substantial body of persons" – Whether detention order ultra vires the Act – Dangerous Drugs (Special Preventive Measures) Act 1985, ss 3(1), 6(1)

Amat Muhibah Sdn Bhd v Menteri Kewangan Malaysia [2023] 3 AMR 688, HC

Administrative law – Remedies – Judicial review – Application for – Notice of assessment issued based on compensation sum received by applicant following government infrastructure projects which affected land – No response to applicant's request for direction under s 135 of the Income Tax Act 1967 and/or exemption of taxes raised in notice of assessment ("purported non-decision") – Whether purported non-decision amenable to judicial review – Whether stay of notice of assessment ought to be granted – Income Tax Act 1967, ss 4(c), (f), 99, 127(3A), 135 – Real Property Gains Tax Act 1976

Live Scape Sdn Bhd v World Wonder Fest Sdn Bhd [2023] 3 AMR 699, HC

Contract – Breach – Damages – Agreement related to planned concert terminated due to breach for non-payment of sums required under agreement – Claim for recovery of sums under agreement – Claim for damages for breach of contract and defamation – Counterclaim for misrepresentation, negligence and breach of contract – Whether termination valid – Whether plaintiff liable for misrepresentation, negligence and breach of contract – Whether plaintiff entitled to damages

Tort – Defamation – Libel – Claim for damages – Statements issued on defendant's website allegedly contained libellous statements against plaintiff – Defence of justification and fair comment raised – Counterclaim for libel against plaintiff based on email sent by plaintiff – Whether plaintiff or defendant liable for tort of libel – Whether plaintiff entitled to damages

Tan Hoo Eng v Pendakwa Raya [2023] 3 AMR 719, HC

Criminal procedure – Transfer of criminal cases – Application for – Offences of criminal breach of trust under s 409 of the Penal Code and money laundering under s 4(1)(a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 – Previous application to transfer case under s 417 of the Criminal Procedure Code dismissed – Whether complex issues of law likely to arise – Whether fair and impartial trial could not be had in Sessions Court – Whether transfer warranted to meet ends of justice – Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, s 4(1)(a) – Criminal Procedure Code, ss 254, 376(1), 417, 417(1), (1)(b), (e), (cc), (2) – Federal Constitution, Articles 5(1), 145(3) – Penal Code, s 409

By Thomson Reuters Malaysia Editorial Team
Malaysia Editorial Team

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