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All Malaysia Reports (AMR) - Week 44(2)

Content updates

Recently added cases from AMR to Westlaw Asia.

Mohd Azhar bin Alkab v Sendereprakasam a/l Subramaniam [2022] 7 AMR 757, CA
Contract – Sale and purchase agreement – Validity – Sale of property contingent upon consent of Perbadanan Kemajuan Negeri Selangor being obtained prior to execution of transfer of title – Expiry of consent and absence of evidence of renewal – Whether sale and purchase agreement ("SPA") null and void, frustrated and/or deemed terminated – Whether appellant having made payments due under SPA entitled to be registered as sole owner of property – Contracts Act 1950, ss 38, 40

Datuk Beh Kim Ling & Anor v NEP Holdings (Malaysia) Berhad [2022] 7 AMR 775, HC
Company law – Inspection of documents and records – Application for – Director and shareholder seeking inspection of company's accounting records and other documents – Whether right of inspection if granted would be detrimental to company's interests – Whether right of inspection included right to copy of documents and extended to company's subsidiaries or former subsidiaries – Companies Act 2016, ss 48(3), 221, 245, 245(9), 249, 250

Thean Heong Sauce Maker v Industrial Court Malaysia & Anor [2022] 7 AMR 804, HC
Labour law – Employment – Dismissal – Employer seeking certiorari to quash award of Industrial Court – Failure by Industrial Court to take into account testimony of witnesses for purpose of determining critical issue – Whether Industrial Court's finding that employee's dismissal was without just cause or excuse and award made, irrational, suffered from Wednesbury's unreasonableness and liable to be set aside – Whether acts of aggression by senior staff of managerial level against employer amount to gross misconduct that cannot be condoned and warrants summary dismissal without necessity for warning

Troy Information Technology Malaysia Sdn Bhd v Mutiara Smart Sdn Bhd [2022] 7 AMR 814, HC
Contract – Termination – Damages – Plaintiff seeking refund of performance bond and damages for wasted costs – Whether contract illegal – Whether termination lawful – Whether there was excusable impossibility of performance – Whether plaintiff entitled to refund of performance bond and damages for wasted costs – Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities

Yee Kar Heng v Public Prosecutor [2022] 7 AMR 852, HC
Road traffic – Driving and offences in connection therewith – Causing death by reckless or dangerous driving – Appeal against conviction and sentence – Whether accused prejudiced by magistrate's failure to undertake maximum evaluation of accused's evidence and accepting of prosecution's evidence without considering available evidence in toto – Whether misdirection by magistrate occasioning miscarriage of justice – Whether core ingredient of offence not proven, warranting appellate intervention – Road Transport Act 1987, ss 41(1), 43(1)

All Malaysia Reports (AMR) 2022

By Thomson Reuters Malaysia Editorial Team
Malaysia Editorial Team

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