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All Malaysia Reports (AMR) - Week 3 (Part 1)

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Content updates

Recently added cases from AMR to Westlaw Asia

Abdul Latif bin Puteh & 347 Ors v Pentadbir Tanah Jajahan Pasir Mas & Anor [2023] 1 AMR 181, FC

Civil procedure – Striking out – Appeal against – Claim struck out by High Court for lack of locus standi being "obviously unsustainable", affirmed by Court of Appeal – Whether claim obviously unsustainable – Whether claim eligible to proceed for full trial – Land (Group Settlement Areas) Act 1960, s 5 – National Land Code 1965, s 5

Arrow Express (M) Sdn Bhd v Majlis Bandaraya Shah Alam [2023] 1 AMR 192, HC

Contract – Termination – Tenancy agreement – Claim for damages and refund of rentals paid – Whether termination wrongful, null and void – Whether local government entitled to rent out public area or open space within its local authority area that belongs to state government – Whether defendant misrepresented that it was registered proprietor of lands – Whether plaintiff estopped from questioning defendant's title to possession – Whether there was unjust enrichment by defendant at plaintiff's expense – Evidence Act 1950, s 116 – Local Government Act 1976

Messrs Roland Cheng & Co (suing as a firm) v Elizabeth Ng Yuk Lee [2023] 1 AMR 229, HC

Professions – Advocates and solicitors – Representation – Appeal against order upholding preliminary objection of breach of rules 27 and 28 of the Advocates (Practice and Etiquette) Rules 1988 (Sabah) ("the 1988 Rules") due to representation of firm by its senior partner and proprietor – Whether rules 27 and 28 of the 1988 Rules preclude representation of firm by its senior partner and proprietor – Advocates (Practice and Etiquette) Rules 1988 (Sabah), rules 27, 28, 30(a) – Rules of Court 2012, Order 5 r 6

Nurul Alya Batrisyia binti Mohd Yusoff v CIMB Bank Berhad [2023] 1 AMR 240, HC

Civil procedure – Striking out – Writ and statement of claim – Appeal against Sessions Court's decision allowing application to strike out claim for termination of contract – Property purchased at public auction and purchase price paid in full – Allegation of breach of contract as property did not include two-storey house as stated in conditions of sale – Whether Sessions Court has jurisdiction to determine claims involving immovable property – Whether proper recourse should be appeal to High Court under s 418 of the National Land Code – Whether claim obviously unsustainable – National Land Code, s 418 – Subordinate Courts Act 1948, ss 69, 70, 71

Rangkaian Minang (NS) Sdn Bhd v Webe Digital Sdn Bhd [2023] 1 AMR 249, HC

Contract – Breach – Damages – Claim and counterclaim for damages under different heads alleging breach of contract – Whether reliance placed on external document to substantiate case – Whether external document, not forming part of contract, can be relied upon to prove damages – Whether claim or counterclaim ought to be allowed

                                                             

By Thomson Reuters Malaysia Editorial Team
Malaysia Editorial Team

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