Datuk Seri Anwar bin Ibrahim v Mohd Khairul Azam bin Abdul Aziz (and Another Appeal) [2023] 4 AMR 909, CA

Civil procedure – Striking out – Royal pardon – Appeal against – Action seeking declarations against full pardon given by Yang di-Pertuan Agong ("YDPA") – High Court dismissed applications to strike out said action – Whether party seeking declarations had cause of action and locus standi to maintain action – Whether YDPA's power to pardon limited to sentence only – Whether clemency process and royal prerogative of mercy justiciable – Federal Constitution, Article 42, 42(9) – Penal Code, s 377B – Rules of Court 2012, Order 18 r 19

Five Star Heritage Sdn Bhd & 4 Ors v Nai Ninn Sararaksh & Anor [2023] 4 AMR 929, CA

Trusts and trustees – Public charitable trust – Transfer of land – Appeal against – Indenture created in 1845 declared land as public charitable trust for two communities – Land partitioned into two pieces for trustees of each community – Land partitioned to one community further subdivided into two, one of which transferred to developer without consent of Attorney General ("AG") – Whether public charitable trust had been converted to private trust – Whether transfer of land by trustees to developer null and void and ought to be set aside for want of a written consent from AG – Whether plaintiffs had locus to institute their action – Whether doctrine of indefeasibility of title prevent setting aside of registration of land in developer's name – Government Proceedings Act 1956, s 9, 9(1), (1)(c), (d), (2)(g)

BD Agriculture (Malaysia) Sdn Bhd v Menteri Kewangan Malaysia [2023] 4 AMR 963, HC

Administrative law – Remedies – Judicial review – Application for minister to exercise power under s 135 or s 127(3A) of the Income Tax Act 1967 ("ITA") to set aside or exempt notices of additional assessment – No response from minister to said request – Whether applicant had sufficient material to sustain a prima facie case to obtain leave for judicial review – Whether minister's non-decision amenable to judicial review – Whether minister had power to set aside notice of assessment issued by Director General of Inland Revenue – Whether s 99 prevails over s 135 of the ITA – Whether leave for judicial review and interim stay ought to be granted – Income Tax Act 1967, ss 99, 106, 127(3A), 135 – Rules of Court 2012, Order 53 r 2(4)

Chin Min Hua & 2 Ors v Eagaivallinayagi Ammal [2023] 4 AMR 972, HC

Damages (General) – Assessment – Application for – Court of Appeal ordered buyer's caveat be removed and land transferred back to seller after 26 years and for damages to be assessed – Claim for legal fees incurred in removing caveat and getting land back, loss of opportunity to sell land and general damages – Whether seller entitled to be compensated with legal fees incurred – Whether there was loss of opportunity to sell land – Whether seller entitled to claim for general damages for loss of possession and use of land – National Land Code 1965, s 329(1)

Ikrar Bumi Sdn Bhd v Tiong King Ming @ Tiong Ing & Anor [2023] 4 AMR 990, HC

Labour law – Employment – Wages – Appeal against – Director of Labour allowed employee's claim for wages – Whether employees entitled to claim for wages – Whether employees proved they worked during alleged period – Whether appellate intervention warranted

Public Prosecutor v Sarrama Badang Aliudin [2023] 4 AMR 996, HC

Dangerous drugs – Trafficking – Possession – Accused charged for trafficking 2,772.2 grams of methamphetamine under s 39B(1)(a) of the Dangerous Drugs Act 1952 – Drugs found in accused's bag at ferry terminal – Defence of innocent carrier raised – Whether prima facie case made out against accused – Whether defence of innocent carrier tenable – Dangerous Drugs Act 1952, s 39B(1)(a) – Evidence Act 1950, s 8