Lakefront Residence Sdn Bhd v Tribunal Tuntutan Pembeli Rumah & Anor (and 3 Other Appeals) [2023] 8 AMR 665, CA

Contract – Breach – Sale and purchase agreement – Damages – Tribunal for Homebuyer Claims ("tribunal") allowed purchasers' claim against vendor's breach of sale and purchase agreements ("SPA") – Developer unilaterally deviated from approved building plan of the strata development – Tribunal's decision affirmed by High Court – Whether developer breached SPA – Whether homebuyer's claim for damages time-barred – Whether tribunal exceeded jurisdiction under s 16N(2) of the Housing Development (Control and Licensing) Act 1966 by adjudicating claim beyond SPA – Housing Development (Control and Licensing) Act 1966, s 16N(2)

Housing development – Tribunal for Homebuyers' Claims – Damages for breach of contract – Tribunal for Homebuyers' Claims ("tribunal") allowed purchasers' claim against vendor's breach of sale and purchase agreements ("SPA") – Developer unilaterally deviated from approved building plan of the strata development – Tribunal's decision affirmed by High Court – Whether developer breached SPA – Whether homebuyer's claim for damages time-barred – Whether tribunal exceeded jurisdiction under s 16N(2) of the Housing Development (Control and Licensing) Act 1966 by adjudicating claim beyond SPA – Housing Development (Control and Licensing) Act 1966, s 16N(2)

Pendakwa Raya v Ahmad Syameer bin Ahmad Taufek [2023] 8 AMR 685, CA

Criminal procedure – Acquittal or discharge – Appeal – Withdrawal or discontinuation – High Court continued appeal proceedings against accused's acquittal despite deputy public prosecutor's ("DPP") decision to withdraw it – Whether High Court empowered to continue criminal appeal post decision of Attorney General ("AG")/Public Prosecutor ("PP")/DPP to discontinue it – Whether AG/PP/DPP empowered to discontinue appeal against accused's acquittal – Criminal Procedure Code, ss 310, 313, 316 – Penal Code, s 411

BSS Development Sdn Bhd v Warganet Sdn Bhd [2023] 8 AMR 698, HC

Civil procedure – Contempt of court – Committal proceedings – Application for – Disputes over property charged to bank – Failure to comply with Court of Appeal order as regards request for redemption statement from bank – Mandatory injunction sought to compel defendant/proposed contemnors to request for redemption statement in favour of plaintiff – Whether court empowered to grant mandatory injunction in committal proceedings – Whether defendant's request to bank for redemption statement to be issued in plaintiff's name render substantive justice – Rules of Court 2012, Order 52 r 3

Desert Oasis Petrochemical Trading LLC v Pemilik Dan/Atau Pencarter Demis Kapal Atau Vesel Alpine Mathilde (No. IMO 9740471) Dari Pelabuhan Hong Kong [2023] 8 AMR 727, HC

Shipping and maritime – Action in rem – Admiralty jurisdiction – Sales contract purporting to transfer ownership/titled of cargo allegedly entered between cargo seller and plaintiff – Cargo seller subject to United States sanctions – Plaintiff claimed delivery of cargo from defendant and arrested latter's vessel – Whether arrest wrongful and abuse of court's process – Whether plaintiff lawful owner of cargo – Whether plaintiff suffered any damages for non-delivery of cargo – Whether plaintiff relevant person to invoke court's admiralty in rem jurisdiction – Whether admiralty in rem jurisdiction of court wrongfully invoked – Senior Courts Act 1981 (UK), s 21

Elang Wah Sdn Bhd v Perbadanan Pembangunan Pulau Pinang [2023] 8 AMR 754, HC

Civil procedure – Summary judgment – Appeal against – High Court upheld Sessions Court order allowing summary judgment and striking out counterclaim, in favour of plaintiff – Whether summary judgment should be entered – Whether amended counterclaim should be struck out – Whether bona fide triable issues raised – Whether facts raised by defendant amounted to fairly arguable defence to claim – Whether plaintiff can apply for summary judgment and concurrently apply to strike out defence – Whether counterclaim of tenancy agreement, being null and void, tenable – Whether appellate intervention warranted – Contracts Act 1950, s 24 – National Land Code 1965, ss 213, 223

Kenneth Godfrey Gomes v Svella Financial Corp (Sebelum ini dikenali sebagai Zaftr Inc) & Anor [2023] 8 AMR 770, HC

Civil procedure – Stay – Application for – Suit filed before court and complaint lodged before Disciplinary Board ("DB") raised same issues and based on same facts – Whether DB proceedings ought to be stayed until final disposal of suit – Whether High Court had jurisdiction over professional misconduct of advocate – Whether there was distinction between court and DB proceedings – Whether stay would be prejudicial to public interest

Professions – Advocates and solicitors – Disciplinary Board proceedings – Suit filed before court and complaint lodged before Disciplinary Board ("DB") raised same issues and based on same facts – Whether DB proceedings ought to be stayed until final disposal of suit – Whether High Court had jurisdiction over professional misconduct of advocate – Whether there was distinction between court and DB proceedings – Whether stay would be prejudicial to public interest

Public Prosecutor v Moses Manju ak Verghese [2023] 8 AMR 783, HC

Criminal law – Offences affecting the human body – Murder – Sentencing – Accused pleaded guilty and sought for detention instead of death penalty – Whether accused ought to be awarded death penalty or lesser sentence – Penal Code, s 302