All Malaysia Reports (AMR) - Week 19
Dato' Sri Mohd Najib bin Hj Abdul Razak v Public Prosecutor [2023] 3 AMR 737, FC
Constitutional law – Courts – Federal Court – Application under rule 137 of the Rules of the Federal Court 1995 to review previous decisions of the Federal Court – Whether threshold for review met – Whether principles of natural justice breached – Whether previous decisions ought to be set aside – Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 – Courts of Judicature Act 1964, ss 92, 93(1) – Criminal Procedure Code, s 313, 313(1) – Federal Constitution – Legal Profession (Practice and Etiquette) Rules 1978, rules 6(a), 24(a), (b) – Malaysian Anti-Corruption Commission Act 2009 – Penal Code – Rules of the Federal Court 1995, rule 137
Triple Zest Trading & Suppliers Sdn Bhd & 2 Ors v Applied Business Technologies Sdn Bhd (and Another Appeal) [2023] 3 AMR 811, CA
Contract – Breach – Appeal – High Court allowed claim for recovery of principle amount with interest arising out of "friendly loan" – Borrower claimed illegal moneylending transaction – Whether loan granted was friendly loan or illegal moneylending transaction – Moneylenders Act 1951, ss 5(1), 10OA, 15
Rowena Yeoh Pei Leng v Candy Yee Hui Men [2023] 3 AMR 831, HC
Tort – Defamation – Damages – Appeal – Statement published by former business partner regarding misuse of office website – Sessions Court allowed claim for defamation and damages – Defence of fair statement of facts – Whether published statement defamatory – Whether injury to reputation, financial loss and hardship caused by the statement – Whether compensation awarded tenable – Evidence Act 1950, s 103