Wan Ji bin Wan Hussin v Public Prosecutor [2023] 8 AMR 445, CA

Constitutional law – Legislation – Constitutionality of – Sedition Act 1948 ("the Act") – Facebook posts contained offensive words and insult to Sultan of Selangor – Conviction under s 4(1)(c) of the Act – Whether s 4(1) of the Act in violation of Article 10(2)(a) of the Federal Constitution – Evidence Act 1950, s 114A – Sedition Act 1948, s 4, 4(1)(c) – Federal Constitution, Article 10(2)(a)

Criminal law – Sedition – Publishing of seditious postings – Facebook posts contained offensive words and insult to Sultan of Selangor – Conviction under s 4(1)(c) of the Sedition Act 1948 ("the Act") – High Court increased sentence of nine months' imprisonment imposed by Sessions Court to one year – Whether conviction safe – Whether presumption under s 114A of the Evidence Act 1950 applicable – Whether appellant identified to be owner of Facebook account and publisher of seditious postings – Whether sentence manifestly excessive – Evidence Act 1950, s 114A – Sedition Act 1948, s 4, 4(1)(c) – Federal Constitution, Article 10(2)(a)

Imelda Nasreen binti Nasruddin @ Balchin v Norizatul Amira binti Kamsan [2023] 8 AMR 458, HC

Tort – Defamation – Damages – Appeal – Facebook statement in relation to retracted version of events by witness in another suit held to be defamatory – Whether statement defamatory – Whether defence of justification proved – Whether appellate intervention warranted

Kerajaan Malaysia v National Feedlot Corporation Sdn Bhd & 10 Ors [2023] 8 AMR 470, HC

Contract – Breach – Damages – Agreements executed for inter alia establishment of national integrated beef production system by first defendant – Plaintiff agreed to provide grant, loan facility and necessary infrastructure – Allegations of failure to commence production and loan instalment repayment along with misappropriation of funds by first defendant – Whether first defendant breached agreements – Whether plaintiff breached agreements by not providing necessary infrastructure – Whether it was sine qua non for commencement of production – Whether loan sum was held by first defendant in trust for plaintiff – Whether sums misappropriated – Whether defendants guilty of conspiracy and fraudulent conduct to injure plaintiff – Whether agreements wrongfully terminated by plaintiff – Whether parties entitled to damages as claimed

Contract – Development agreement – Termination – Agreements executed for inter alia establishment of national integrated beef production system by first defendant – Plaintiff agreed to provide grant, loan facility and necessary infrastructure – Allegations of failure to commence production and loan instalment repayment along with misappropriation of funds by first defendant – Whether first defendant breached agreements – Whether plaintiff breached agreements by not providing necessary infrastructure – Whether it was sine qua non for commencement of production – Whether loan sum was held by first defendant in trust for plaintiff – Whether sums misappropriated – Whether defendants guilty of conspiracy and fraudulent conduct to injure plaintiff – Whether agreements wrongfully terminated by plaintiff – Whether parties entitled to damages as claimed