Mohamed Apandi bin Ali v Lim Kit Siang [2023] 8 AMR 901, CA

Tort – Defamation – Damages – Appeal – High Court dismissed claim for defamation – Impugned words contained in article published in online news portal – Meaning ascribed to impugned words was that plaintiff assisted in 1MDB scandal by covering up wrongdoing and abused power as Attorney General – Whether impugned words defamatory – Whether trial judge erred in upholding defence of justification – Whether ground of malice not specifically pleaded – Whether defendant successfully proved defence of qualified privilege – Whether plaintiff entitled to damages – Whether appellate intervention warranted – Rules of Court 2012, Order 78 r 3(3)

Bullion Delta Sdn Bhd v Hasrul Najib bin Hasim & 3 Ors [2023] 8 AMR 932, HC

Customs and excise – Forfeiture – Seizure of goods – Allegation that seizure of goods was without reasonable and probable cause and wrongful – Whether failure and refusal to refer claim for release of seized goods to magistrate after one calendar month from date of claim rendered seizure of goods unlawful – Whether plaintiff owner of seized goods – Whether loss incurred by plaintiff – Whether damages payable – Customs Act 1967, ss 128, 128(4), 135 – Customs Rules 1977 – Free Zones Act 1990, s 9

McGirvanmedia (Asia) Sdn Bhd v HSS Integrated Sdn Bhd [2023] 8 AMR 943, HC

Judges – Recusal – Application for – Judge's niece was wife to son of opposing party's principal officer – Whether ground of existing familial relationship established – Whether familial relationship "must be so close and direct" – Whether there was absence of direct or indirect pecuniary interest – Whether judge's comments upon case and/or prior reading of case proved real danger of bias – Whether misconceived – Whether judge ought to recuse himself – Judges' Code of Ethics, ss 3, 7(2), (4), (7)

Muhammad Rifqi Amzar bin Faizo (a child and bringing this action through his litigation representative, Faizo b Yaacob) v Dr Sivakumar a/l Sivalingam & 2 Ors [2023] 8 AMR 961, HC

Civil procedure – Judgments and orders – Consent order – Minor represented by his father sought to withdraw action due to impecuniosity – Opposing parties agreed on condition it be without liberty to file afresh – Draft consent order reflected said condition but it was removed by court – Whether court empowered to alter consent order – Whether liberty to file afresh amounted to abuse of process of court – Whether consent order would cause injustice to minor – Limitation Act 1953, s 24

Civil procedure – Withdrawal and discontinuance – Application for – Minor represented by his father sought to withdraw action due to impecuniosity – Opposing parties agreed on condition it be without liberty to file afresh – Draft consent order reflected said condition but it was removed by court – Whether court empowered to alter consent order – Whether liberty to file afresh amounted to abuse of process of court – Whether consent order would cause injustice to minor – Limitation Act 1953, s 24

Yeoh Weoi Leong & 44 Ors v BM City Realty & Construction Sdn Bhd & Anor [2023] 8 AMR 978, HC

Civil procedure – Striking out – Writ and statement of claim – Application for – Unit purchasers filed suit for breach of contract for late delivery of vacant possession, breach of duty of care, fraudulent misrepresentation and unjust enrichment – Developer filed application for striking out claims – Whether claims unsustainable – Whether claims ought to be disallowed by reason of laches – Whether claim of invalidity of certificate of completion and compliance barred by res judicata – Whether pleadings lacked particulars fatal to claims – Rules of Court 2012, Order 18 rr 12, 19(1)(b), (c), (d) – Strata Management Act 2013

Contract – Sale and purchase agreement – Breach – Claim for damages – Unit purchasers filed suit for breach of contract for late delivery of vacant possession, breach of duty of care, fraudulent misrepresentation and unjust enrichment – Developer filed application for striking out claims – Whether claims unsustainable – Whether claims ought to be disallowed by reason of laches – Whether claim of invalidity of certificate of completion and compliance barred by res judicata – Whether pleadings lacked particulars fatal to claims – Rules of Court 2012, Order 18 rr 12, 19(1)(b), (c), (d) – Strata Management Act 2013