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All Malaysia Reports (AMR) - Week 50

Content updates

Recently added cases from AMR to Westlaw Asia

Nasruddin bin Mohamad v Ketua Pegawai  Eksekutif, Majlis Agama Islam dan Adat Melayu Terengganu & 2 Ors [2022] 8 AMR 529, CA

Administrative law – Remedies – Judicial review – Appeal against dismissal of judicial review application by High Court, upholding termination of employee's service in public interest as per Public Officers (Conduct and Discipline) Regulations 1993 – Whether termination of service illegal and lacked procedural propriety – Whether legitimate expectation infringed – Whether right of being heard existed – Whether right to livelihood infringed – Whether excessive authority exercised – Whether cross-appeal ought to be allowed – Administration of Islamic Religious Affairs (Terengganu) Enactment 2001, s 45 – Federal Constitution, Article 5(1) – Public Officers (Conduct and Discipline) Regulations 1993, regs 7, 7(2), 49, 49(5)

Ang Gee Guan v Janice Ng Kerh Chin [2022] 8 AMR 559, HC

Family law – Divorce – Petition – Application to set aside divorce order, decree nisi and decree absolute pursuant to Order 13 r 8 and Order 42 r 13 of the Rules of Court 2012 ("the ROC 2012") – Cause papers served by way of substituted service – Party claimed no knowledge of divorce proceedings – Whether service of cause papers proper – Whether reliance on Order 13 r 8 and Order 42 r 13 of the ROC 2012 misconceived – Whether hearing conducted via email and that decree nisi made absolute immediately caused prejudice – Whether special circumstances warranting setting aside – Divorce and Matrimonial Proceedings Rules 1980 – Law Reform (Marriage and Divorce) Act 1976, ss 61, 61(2), 83, 86 – Rules of Court 2012, Order 13 r 8, Order 42 r 13

Glaret Shirley a/p Sinnapan v Sivasankar a/l Kunchiraman (Cassandra D’Silva a/p Louis – Co-respondent) [2022] 8 AMR 572, HC

Family law – Divorce – Petition – Petition by wife and cross-petition by respondent husband – Adultery allegedly committed by husband with co-respondent and wife with several of her students – Whether marriage irretrievably broken down and the cause – Whether damages for adultery should be awarded – Whether custody, care and control of children of marriage to be granted to wife or husband – Amount of spousal and child maintenance payable by husband – Whether matrimonial property liable for equal division – Law Reform (Marriage and Divorce) Act 1976, ss 58, 76, 76(2)

Kirpal Kaur a/p Gurbachan Singh v Ketua Pengarah Kastam, Jabatan Kastam DiRaja Malaysia & Anor [2022] 8 AMR 602, HC

Tort – Trespass – Damages – Premises raided and documents seized following tip-off and investigations into company's alleged non-compliance with legal obligations under the Goods and Services Tax Act 2014 ("the GST Act") – Failure to identify officers involved and to plead complete cause of action in tort – Whether entry into premises conducted lawfully and in accordance with provisions of ss 81 to 83 of the GST Act – Whether allegations of theft and loss of valuables concocted and unbelievable – Goods and Services Tax Act 2014, ss 80-83 – Government Proceedings Act 1956, ss 5, 6

Ngah Azhar bin Maya v Public Prosecutor [2022] 8 AMR 619, HC

Criminal procedure – Sentencing – Appeal – Total of 20 years' imprisonment to run consecutively and 14 strokes of rotan for three sexual offences under ss 376(1), 377A of the Penal Code and s 14(d) of the Sexual Offences against Children Act 2017 – Plea of guilty made before commencement of trial – Whether term and consecutive nature of imprisonment excessive warranting appellate intervention – Criminal Procedure Code, s 295(1) – Penal Code, ss 376(1), 377A – Sexual Offences against Children Act 2017, s 14(d)

Saravanan a/l Sangaralingam & 2 Ors v Pengawal Perumahan & 3 Ors [2022] 8 AMR 632, HC

Administrative law – Remedies – Judicial review – Application challenging extensions of time granted to developer by Housing Controller and Minister of Housing and Local Government for delivery of vacant possession of concerned lands under Housing Development (Control and Licensing) Regulations 1989 and Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (COVID-19) Act 2020 ("COVID-19 Act"), respectively – Whether extension of time granted by Housing Controller null and void – Whether s 35 of the COVID-19 Act in contravention to Article 13(1) of the Federal Constitution – Whether extensions of time granted by minister liable to be quashed – Federal Constitution, Article 13(1) – Housing Development (Control and Licensing) Act 1966 – Housing Development (Control and Licensing) Regulations 1989, reg 11(1), (3), Schedule H – Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (COVID-19) Act 2020, s 35, 35(1), (3), Part XI


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