Thameez Nisha Hasseem (as the administrator of the estate of Bee Fathima @ dll, deceased) v Maybank Allied Bank Berhad [2023] 5 AMR 581, FC

Land law – Charge – Third party charge – Land charged as security for loan – Order for sale of land granted pursuant to default in repayment of loan set aside by High Court – No action by bank ("chargee") to enforce charge over land or recover loan – Whether chargee barred by limitation to foreclose charged land – Whether chargee's right to enforce charge extinguished by operation of s 21(1) of the Limitation Act 1953 – Whether limitation begins from date of failure to repay debt – Whether chargor entitled to defeat registered interest of charge pursuant to s 340(4)(b) of the National Land Code 1965 – Whether chargor entitled to file for declaratory judgment against chargee in absence of any other statutory remedy available – Limitation Act 1953, ss 4, 21(1), (2), (4) – National Land Code 1965, ss 244(1), 254, 256, 260, 340(4)(b), 341, Form 16D – Rules of Court 2012, Order 15 rr 6(2)(b), 16, Order 83, Order 83 r 1(1), (1)(f) – Specific Relief Act 1950

Fazal Ellahi Oli Mohamed & Anor v KM Oli Mohamed Sdn Bhd [2023] 5 AMR 623, CA

Company law – Derivative action – Leave to commence action on behalf of company – Application to bring action against director of company dismissed by High Court – Director allegedly breached fiduciary duties for setting up entities running competitive business – First complaint made 10 years ago – Whether director as wrongdoer, was in control of company – Whether loss caused to company – Whether action maintainable and not time-barred – Companies Act 2016, s 348(2)

Ahmad Zawawi bin Abdul Rahim v Public Prosecutor (and 6 Other Criminal Appeals) [2023] 5 AMR 637, HC

Revenue law – Goods and services tax – Tax evasion – Appeal against conviction and sentence – Conviction of seven charges under s 89(1)(b) of the Goods and Services Tax Act 2014 ("GST Act") – Imprisonment sentence of three years imposed for each charge to run concurrently – Goods and services tax accounting falsified resulting in "refund" of seven amounts of input tax claimed – Whether presumption under s 89(6) of the GST Act applicable – Whether sentence excessive – Whether appellate intervention necessitated – Criminal Procedure Code, ss 173, 180 – Evidence Act 1950, s 114(g) – Goods and Services Tax 2014, s 89(1)(b), (5)(a), (6) – Goods and Services Tax (Repeal) Act 2018

Chiew Foong Shuang v Ketua Pengarah Jabatan Pendaftaran Negara [2023] 5 AMR 665, HC

Family law – Registration of births – Surname of child – Application by mother to alter child's surname which adopted her ex-husband's surname – Ex-husband not biological father of child – Whether mother entitled to change surname and given name of child – Whether Registrar-General of Births and Deaths under legal obligation to approve application to alter surname – Births and Deaths Registration Act 1957, ss 13A(1), (2), 15, 16, 27, 27(2), (3), 28

Ong Soo Kan (beneficiary of the estate of Loh Ah Moy @ Loh Siew Keng) & 4 Ors v Ong Soo Kwee (as executor and trustee of the estate of Loh Ah Moy @ Loh Siew Keng, deceased) & Anor [2023] 5 AMR 682, HC

Civil procedure – Disposal of case on point of law – Application for – Executor and co-trustee of deceased's estate filed civil suit for distribution of assets forming part of estate to his possession – Whether such action a breach of fiduciary duty – Whether amounted to sufficient cause to revoke grant of probate under s 34 of the Probate and Administration Act 1959 – Whether court empowered to appoint new executor or administrator for estate as consequential relief – Probate and Administration Act 1959, s 34 – Rules of Court 2012, Order 14A

Probate and administration – Representatives – Duties – Breach – Executor and co-trustee of deceased's estate filed civil suit for distribution of assets forming part of estate to his possession – Whether such action a breach of fiduciary duty – Whether amounted to sufficient cause to revoke grant of probate under s 34 of the Probate and Administration Act 1959 – Whether court empowered to appoint new executor or administrator for estate as consequential relief – Probate and Administration Act 1959, s 34