All Malaysia Reports (AMR) - Week 39
Rumaya Properties Sdn Bhd v Seacera Development Sdn Bhd & Anor [2023] 6 AMR 781, CA
Damages (General) – Assessment – Appeal against – First developer abandoned project for low cost and medium cost apartment ("MCA") – Second developer took over and developed high-end condominium different from first developer – Damages granted to purchaser based on value of MCA and not high-end condominium – Whether High Court erred in law and fact in accepting expert evidence on value of purchaser's MCA units – Whether assessment of damages by High Court correct – Whether purchaser entitled to liquidated ascertained damages or rental amount
Lee Fong Kee v Pengarah Tanah Dan Galian, Wilayah Persekutuan, Kuala Lumpur [2023] 6 AMR 803, HC
Land law – Alienation – Freehold to leasehold – Lands originally bore freehold status, imposed with leasehold status upon subdivision and re-alienation – Whether leasehold status invalid and ultra vires the National Land Code 1965 and Article 13 of the Federal Constitution – Federal Constitution, Article 13 – National Land Code 1965, ss 76, 197
Mahendran a/l Gevapragasar & 3 Ors v Pendakwa Raya [2023] 6 AMR 815, HC
Criminal procedure – Revision – Application for – Exercise of court's revisionary power sought on continuation of remand for further period of five days supported with certificate of urgency – Whether continuation of police remand based on reasonable grounds – Whether remand order in violation of s 117 of the Criminal Procedure Code – Criminal Procedure Code, ss 117, 323 – Penal Code, s 302
Securities Commission Malaysia v Toh Kai Fatt [2023] 6 AMR 827, HC
Securities – Prohibited conduct of person in possession of inside information – Insider trading – Company's advisor allegedly communicated inside information relating to possibility of acquisition to trader – Trader acquired and disposed of company's shares immediately prior to its delisting from Bursa Malaysia – Evidence of voluminous communications between trader and auditor adduced – Whether trader possessed inside information – Whether information qualified as generally available information – Whether inside information material – Whether trader breached s 188(2)(a) of the Capital Markets and Services Act 2007 – Capital Markets and Services Act 2007, ss 2(b), 183, 188, 188(1), (2)(a), 201(5)(a)
Twin Sensation Sdn Bhd v Majlis Mesyuarat Kerajaan Negeri, Negeri Sembilan & 3 Ors [2023] 6 AMR 881, HC
Administrative law – Remedies – Judicial review – Application for order of certiorari to quash revocation of approval for alienation of land – Whether authorities exercised power to revoke approval for alienation of land reasonably and legally – Whether order of certiorari and/or damages ought to be granted