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All Malaysia Reports (AMR) - Week 47(1)

Content updates

Recently added cases from AMR to Westlaw Asia

Luqman Hadi bin Mustapa v Public Prosecutor (and Another Appeal) [2022] 8 AMR 105, CA
Criminal law – Offences affecting the human body – Murder – Attempt to commit murder – Appeal against convictions and sentences imposed – Defence of insanity and intoxication under ss 84 and 85(2) of the Penal Code – Whether proven on balance of probabilities – Whether non-compliance with s 343(1) and 343(3) of the Criminal Procedure Code – Whether appellate interference in convictions and sentences warranted – Criminal Procedure Code, s 343(1), (3) – Penal Code, ss 84, 85(2), (2)(b), 302, 307

Etiqa General Takaful Berhad v Fariza binti Mohamad Redzwan & 2 Ors [2022] 8 AMR 121, HC
Insurance – Motor insurance – Third party claim – Application to set aside order declaring policy of insurance void and unenforceable – Order obtained prior to filing of tort action – Whether tort action must first be filed before insurer can apply for declaration under s 96(3) of the Road Transport Act 1987 – Whether service of order irregular –Whether court functus officio and cannot set aside or reopen merits of the order – Road Transport Act 1987, s 96(3) – Rules of Court 2012, Order 62 r 13

Government of Malaysia v Low Taek Jho [2022] 8 AMR 129, HC
Civil procedure – Summary judgment – Application for – Statutory claim for recovery of tax – Whether triable issues or "some other reason" to warrant trial of the matter – Income Tax Act 1967, ss 3, 90(3), 91, 91A, 92, 96, 97(1), 106(3), 142, 142(1) – Rules of Court 2012, Order 14

Lee Kam Yoong v Bank Kerjasama Rakyat Malaysia Berhad & Anor [2022] 8 AMR 172, HC
Land law – Sale of land – Sale by private treaty – Undischarged bankrupt and co-owner applying for sale of half-share in property – Sanction not obtained – Whether application ought to have been made to winding up/bankruptcy court – Order for sale by way of public auction previously obtained not appealed against or set aside – Whether order for sale valid and enforceable – Whether court has jurisdiction to set aside order for sale – Whether right as chargee indefeasible – Whether cause to the contrary established – Insolvency Act 1967, ss 38(1)(a), (ba), 41, 51, 52, 53B, 53C, 54, 91 – National Land Code 1965, s 256(3)

Norzela binti Sa’im (mendakwa bagi dirinya sebagai benefisiari estet Anuar bin Ali, si mati) v Putra Specialist Hospital (Melaka) Sdn Bhd & 12 Ors [2022] 8 AMR 186, HC
Civil procedure – Amendments – Writ and statement of claim – Application to amend intitulement following grant of letters of administration ("LA") to administrator of deceased's estate – LA not granted at material time of filing of suit – Whether plaintiff lacked locus standi at material time of filing of suit – Whether there were special circumstances to file suit without being granted LA – Whether subsequent grant of LA operated retrospectively to clothe plaintiff with requisite locus standi – Civil Law Act 1956, ss 7, 8

Wan Faisal bin W Hasan & Anor v Ideal Masjaya Sdn Bhd & 15 Ors [2022] 8 AMR 200, HC
Professions – Advocates and solicitors – Acceptance of brief – Application to disqualify firm from acting – Whether there was reason to believe that professional conduct of solicitors in the firm likely to be impugned – Whether incompatible with best interest of justice for firm to continue representation – Legal Profession (Practice and Etiquette) Rules 1978, rules 3, 4, 5(a), 28(a)


By Thomson Reuters Malaysia Editorial Team
Malaysia Editorial Team

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