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All Malaysia Reports (AMR) - Week 49

Content updates

Recently added cases from AMR to Westlaw Asia

Cheah Chee Fong v Yah Kem Chui & Anor [2022] 8 AMR 417, CA

Company law – Winding up – Petition – Appeal against dismissal of petition to wind up company – Breakdown in trust and confidence and deadlock in communication between parties as the only two directors-cum-shareholders of company with equal shareholding – Whether just and equitable for company to be wound up – Companies Act 2016, s 465(1)(f), (h)

Kerajaan Negeri Selangor & Anor v Berjaya Land Berhad & 2 Ors [2022] 8 AMR 429, CA

Administrative law – Remedies – Judicial review – Appeal – Refusal or omission to re-table application for approval of proposed relocation – Whether refusal or omission a "decision" amenable to judicial review – Whether by not complying with appellants' directions as mandatorily required, respondents cannot have legitimate expectation that appellants obliged or under public duty to act in their favour – Whether respondents ought to lodge appeal with Appeal Board under s 36 of the Town and Country Planning Act 1976 before commencing judicial review proceedings – Whether respondents' right to judicial review applicable only against decision of Appeal Board – Rules of Court 2012, Order 53 rr 2(4), 3(6) – Town and Country Planning Act 1976, ss 21(4), (6), 36, 36(13)

Tony anak Rambor v Pendakwa Raya [2022] 8 AMR 450, CA

Criminal law – Offences affecting the human body – Murder – Appeal against conviction and death sentence – Defences of provocation, sudden fight, intoxication – Whether key eyewitnesses were accessories after the fact and not credible witnesses – Whether conviction and sentence safe and did not warrant appellate intervention – Penal Code, s 302

Bank Kerjasama Rakyat Malaysia Berhad v Kepala Batas Bihun Sdn Bhd & Anor [2022] 8 AMR 468, HC

Civil procedure – Striking out – Writ and statement of claim – Application for – Cross-applications for summary judgment and striking out defence and counterclaim – Whether claim scandalous, frivolous, vexatious or abuse of process and obviously unsustainable – Whether there were triable issues warranting trial of the matter – Companies Act 2016, ss 426, 540 – Rules of Court 2012, Order 18 r 19(1)(a), (b), (c), (d)

DMC Event Management Sdn Bhd v Attractive Zone Sdn Bhd [2022] 8 AMR 486, HC

Contract – Termination – Sale and purchase agreement – Restitution of monies paid less 10% of purchase price sought following incomplete purchase – Counterclaim for forfeiture, specific performance, and alternatively, damages – Whether plaintiff entitled to restitution of monies paid – Whether monies paid liable to be forfeited – Whether damages proved – Contracts Act 1950, s 75

Imbi Plaza Management Corporation v Pauson Corporation Sdn Bhd & Anor [2022] 8 AMR 497, HC

Civil procedure – Parties – Joinder of parties – Application to intervene in suit pertaining to disputes relating to obligation to pay service charges for maintenance of building – Proposed intervener assigned by developer to collect outstanding charges – Whether requirements of Order 15 r 6(3) of the Rules of Court 2012 satisfied – Whether legal interest of proposed intervener affected – Building and Common Property (Maintenance and Management) Act 2007 – Rules of Court 2012, Order 15 r 6(2)(b)(i), (ii), (3) – Strata Management Act 2013, ss 34, 78, 106 – Strata Titles Act 1985

Mohamad Hafiz bin Ahmad v TPr Noraini binti Roslan (Pengerusi Lembaga Tatatertib Majlis Perbandaran Subang Jaya) & 3 Ors [2022] 8 AMR 515, HC

Administrative law – Remedies – Judicial review – Dismissal on ground of misconduct – Failure to record attendance at work and being late at work – Whether punishment of dismissal proportionate with charges – Whether freezing of allowance without written notice amounted to double jeopardy – Kaedah-Kaedah (Kelakuan dan Tatatertib) Majlis Daerah Petaling 1995, kaedah 10(2)(g)


By Thomson Reuters Malaysia Editorial Team
Malaysia Editorial Team

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