Majlis Peguam Malaysia v Michael Joseph Carvalho & Anor [2023] 6 AMR 665, FC

Professions – Advocates and solicitors – Compensation – Claim for restitution sum from Advocates and Solicitors Compensation Fund ("Compensation Fund") – Breach of undertaking by advocate and solicitor to release balance of purchase price to clients – Advocate and solicitor at material time, a partner of firm and not sole proprietor – Whether clients entitled to claim restitution sum from Compensation Fund – Whether advocate and solicitor being partner of firm restricted said claim – Whether paragraph 2(b) of the Guidelines on Making a Claim for Compensation arbitrary and contravened s 80(8) and (9) of the Legal Profession Act 1976 ("the LPA") – Whether s 80(8) and (9) of the LPA makes distinction between advocate and solicitor who practise as sole proprietor and those who practise in partnership – Guidelines on Making a Claim for Compensation, paragraph 2(b) – Legal Profession Act 1976, s 80(8), (9), (12)

Suresh a/l Subramaniam v Majlis Perbandaran Selayang [2023] 6 AMR 689, CA

Professions – Advocates and solicitors – Negligence – High Court allowed client's claim against solicitor's negligence in not attending judicial proceedings – Whether solicitor careless in conduct and discharge of its professional duty to client – Whether non-consideration of client's prospect of success in judicial proceedings amounted to fatal misdirection of law – Whether appellate intervention warranted

Tort – Professional negligence – Advocates and solicitors – High Court allowed client's claim against solicitor's negligence in not attending judicial proceedings – Whether solicitor careless in conduct and discharge of its professional duty to client – Whether non-consideration of client's prospect of success in judicial proceedings amounted to fatal misdirection of law – Whether appellate intervention warranted

Edward Stanislaus De Silva & 24 Ors v Yeng Chong Realty Bhd (formerly known as Yeng Chong Realty Sdn Bhd) [2023] 6 AMR 698, HC

Contract – Breach – Sale and purchase agreement ("SPA") – Claim against continuous breach of SPAs – Vacant possession was 36 months from date of SPAs – Non-delivery within stipulated time – Monthly instalments continued to be paid according to SPAs – Class action filed for declaratory and monetary reliefs – Whether damages of 10% of purchase price from expiry of 36 months until basic infrastructure is completed liable to be paid – Whether liability a continuous one – Whether individual titles for bungalow plots could be applied – Whether defence of time-bar could be sustained – Whether SPAs that created contractual relation between parties amount to trustee and beneficial relationship – Whether there was fraudulent breach of trust and unjust enrichment – Limitation Act 1953, s 9(1)

Lim Kuan Chyin v Chu Hoi Ming [2023] 6 AMR 741, HC

Civil procedure – Striking out – Statement of claim – Sessions Court denied striking out of claim for inter alia specific performance and damages – Breach of sale and purchase agreements of shares – Whether agreements valid and binding – Whether second agreement superseded first agreement – Whether clause in second agreement restricted specific performance and other remedies – Whether claim obviously unsustainable – Contracts Act 1950, s 29 – Rules of Court 2012, Order 18 r 19

Contract – Sale and purchase agreement – Breach – Damages – Sessions Court denied striking out of claim for inter alia specific performance and damages – Breach of sale and purchase agreements of shares – Whether agreements valid and binding – Whether second agreement superseded first agreement – Whether clause in second agreement restricted specific performance and other remedies – Whether claim obviously unsustainable – Contracts Act 1950, s 29 – Rules of Court 2012, Order 18 r 19

Wong Kam Hock & Anor (applying on their own behalves and as litigation representative of WHQ and PW, the children) v Regional Registrar Births & Deaths Sabah & 3 Ors [2023] 6 AMR 758, HC

Constitutional law – Citizenship – Citizenship by operation of law – Adoptive parents seek citizenship for children, abandoned at birth under Article 15A of the Federal Constitution ("FC") – Identity of biological mother of children unknown – Birth certificates stated children "non-citizen" – Whether requirement for citizenship by operation of law under Article 14(1)(b) read with section 1(a) and/or section 1(e) of Part II of the Second Schedule to the FC satisfied – Whether presumption under section 19B of Part III of the Second Schedule to the FC arose and/or rebutted – Federal Constitution, Articles 14(1)(b), 15A, Second Schedule, sections 1(a), (e), 2(3) of Part II, section 19B of Part III