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All Malaysia Reports (AMR) - Week 47(2)

Content updates

Recently added cases from AMR to Westlaw Asia

Eddie Low (yang bertindak sebagai Pengerusi untuk Badan Khairat Kematian Penduduk Bandar Wangsa Maju Setapak Kuala Lumpur) v Datuk Bandar Kuala Lumpur [2022] 8 AMR 213, CA

Administrative law – Remedies – Judicial review – Appeal against decision of High Court judge ("HCJ") dismissing judicial review application filed to quash decision to prohibit interring of ashes in proposed project – Approval sought for proposed columbarium denied – Whether objection of local residents relevant – Whether knowledge of and consent to condition in Development Order of 2016 ("DO 2016") obtained – Whether HCJ ignored police report – Whether doctrine of legitimate expectation applicable – Whether two versions of DO 2016 existed – Whether sale of niches in project bore relevance – Whether condition in DO 2016 mala fide and unreasonable – Whether HCJ's judgment necessitated intervention – Federal Territory (Planning) Act 1982 – Street, Drainage and Building Act 1974, s 70(18)

Mohd Zulhialmi bin Md Darus v Public Prosecutor (and 2 Other Appeals) [2022] 8 AMR 229, CA

Criminal law – Offences affecting the human body – Murder – Abetment – Appeal against conviction and sentence – Charge of murder and abetment of murder – Conviction and death sentenced – Whether ingredients of s 300(c) of the Penal Code proved – Whether trial judge's omission of ordering amended charges to be read and explained resulted in miscarriage of justice – Whether key prosecution witness accomplice and his evidence uncorroborated – Whether circumstantial evidence relied on insufficient and without deceased's body, death and cause of death is indeterminable – Whether failure to make specific finding that elements of abetment were proven and misapplication of s 34 of the Penal Code resulted in miscarriage of justice – Whether findings based upon adverse inference drawn which caused injustice – Criminal Procedure Code, s 158(2) – Evidence Act 1950, s 133 – Penal Code, ss 34, 107, 109, 300, 300(c), 302

Lim Ban Kay @ Lim Chiam Boon v Kilang Kelapa Sawit Morib Sdn Bhd & 2 Ors [2022] 8 AMR 256, HC

Civil procedure – Parties – Change of parties by reason of death – Application for – Executrix of deceased's estate sought substitution of herself as plaintiff – Whether applicant had locus standi to file application on behalf of plaintiff – Whether court was functus officio – Whether application for substitution ought to be allowed – Probate and Administration Act 1959, s 59 – Rules of Court 2012, Order 15 r 7(2)

Muniandy a/l Rajagopal v Subashini a/p Karuppiah [2022] 8 AMR 263, HC

Contract – Breach – Recovery of loan – Friendly loan extended and deposited into account – Default in repayment of loan – Judgment in default obtained – Appeal against rejection of claim by Sessions Court – Whether recovery of loan ought to be granted – Whether remedy of restitution dependent upon privity of contract – Whether claim could succeed in equity on principles of unjust enrichment – Whether remedies of restitution and unjust enrichment ought to be pleaded – Whether appellate intervention warranted – Contracts Act 1950, s 71 – Rules of Court 2012, Order 18 rr 7(1), 11

Ahmad Junaidi bin Mohamed Yusoff v Public Prosecutor [2022] 8 AMR 294, HC

Criminal law – Sexual offences against children – Physical sexual assault – Appeal against conviction and sentence – Finger inserted in anus of victim (biological son of appellant) – Conviction for offence of sexual grooming under s 14(d) of the Sexual Offences against Children Act 2017 ("the Act") – Sentence of eight years' imprisonment, two strokes of rotan and one year police supervision after completion of sentence – Cross-appeal for enhancement of sentence – Whether error of misstating limb of s 14 of the Act fatal – Whether victim's evidence under oath necessitated – Whether victim a credible witness – Whether failure to appreciate defence case – Whether enhancement of sentence required – Criminal Procedure Code, ss 156, 316, 422 – Evidence Act 1950, s 133A – Penal Code, s 376(1) – Sexual Offences Against Children Act 2017, ss 14, 14(a), (b), (d), 16(1), 17, 18

By Thomson Reuters Malaysia Editorial Team
Malaysia Editorial Team

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