malaysia - Litigation & Court Procedure - Judgments & Rulings

PCP Construction Sdn Bhd v Leap Modulation Sdn Bhd

Date: 23 April 2019; Court: Federal Court; Citation: Civil Application No. 08(i)-394-07/2018(W); Source: Federal Court Registry

Kanagasingam A/L Anantham v Timbalan Menteri Dalam Negeri Malaysia and 3 Others

Date: 13 March 2019; Court: Court of Appeal; Citation: Rayuan Sivil No. P-01(A)-390-06/2018; Source: Federal Court Registry

Mann Holdings Pte Ltd and Another v Ung Yoke Hong

Date: 29 January 2019; Court: Court of Appeal; Citation: [2018] MYCA 488; Source: Federal Court Registry

Wong Soon Kion v CIMB Bank Berhad

Date: 18 December 2018; Court: Court of Appeal; Citation: [2018] MYCA 431; Source: Federal Court Registry

Lembah Semarak Sdn Bhd v Global Upline Hotels and Resorts Sdn Bhd and 2 Other Appeals

Litigation & court procedure – Order – Amendment of a sealed order under slip rule or inherent jurisdiction – Whether the Court functus officio – Whether the High Court plainly wrong to vary, amend and/or correct its order that has been filed, perfected and sealed – Order 20 rule 11 and Order 92 rule 4 of the Ru ...

Date: 29 August 2018; Court: Court of Appeal; Citation: [2018] MYCA 311; Source: Federal Court Registry

Wong Kian Wah v Ng Kien Boon

Litigation & court procedure – Admission of facts – Whether the High Court judge correct in refusing to enter judgment based on the admission – Whether this resulted in the miscarriage of justice – Section 17 of the Evidence Act, Order 27 of Rules of Court 2012

Date: 31 July 2018; Court: Court of Appeal; Citation: [2018] MYCA 230; Source: Federal Court Registry

Dato’ Haji Muhammad Bin Hamzah v RHB Bank Berhad

Litigation & court procedure – Limitation – Whether the plaintiff is barred from proceeding with the auction under section 21(1) of the Limitation Act

Date: 07 September 2018; Court: Court of Appeal; Citation: [2018] MYCA 291; Source: Federal Court Registry

International Construction & Civil Engineering Sdn Bhd v Jittra Sdn Bhd and 2 Others

Litigation & court procedure – Notice of motion seeking to stay a civil suit pending the disposal of a winding-up petition which was subsequently filed after the civil suit under section 44 of the Courts of Judicature Act 1964 as well as the inherent jurisdiction of the court

Corporate law – Winding up – Whether the ...

Date: 07 September 2018; Court: Court of Appeal; Citation: [2018] MYCA 290; Source: Federal Court Registry

Jaya Sudhir A/L Jayaram v Nautical Supreme Sdn Bhd

Litigation & court procedure – Consolidation of suits – Conditions – Order 4 rule 1 of Rules of Court 2012

Date: 09 August 2018; Court: Court of Appeal; Citation: [2018] MYCA 285; Source: Federal Court Registry

Milton Lum Siew Wah v Malaysian Medical Council

Litigation & court procedure – Intervention by a non-party in a civil proceeding – Order 15 rule 6(2)(b)(ii) of the Rules of Court 2012

Date: 31 July 2018; Court: Court of Appeal; Citation: [2018] MYCA 277; Source: Federal Court Registry

Reebok (M) Sdn Bhd v CIMB Bank Berhad

Litigation & court procedure – Notice of motion to strike out an appeal by a wound-up company on the ground that there was no sanction by the official liquidator to file the appeal – Whether the appeal should be struck out – Section 236(2)(a) of the Companies Act 1965

Date: 14 August 2018; Court: Court of Appeal; Citation: [2018] MYCA 276; Source: Federal Court Registry

Public Bank Berhad v National Feedlot Corporation Sdn Bhd and 4 Others, and Another Appeal

Litigation & court procedure – Amendment to Statement of Claim – Introduction of further documents for the purposes of trial – Whether the respondents have given a cogent and reasonable explanation for their delay – Whether the proposed new claim lacks particulars – Whether there are real prospects of success in ...

Date: 04 July 2018; Court: Court of Appeal; Citation: [2018] MYCA 220; Source: Federal Court Registry

Voon Choi @ Voon Chai and 11 Others v Abdul Kadir Bin Basri

Litigation & court procedure – Application for an order to strike out amended defence and counterclaim – Whether the defence bona fide – Whether the defence frivolous or vexatious and delaying the process

Land law – Native customary rights – Sections 6 and 209 of the Sarawak Land Code

Date: 08 August 2018; Court: Court of Appeal; Citation: [2018] MYCA 266; Source: Federal Court Registry

Tan Wei Hong and 4 Others v Malaysia Airlines Berhad and 2 Other Appeals

Litigation & court procedure – Striking out application under Order 18 rule 19 of the Rules of Court 2012 – Test for striking out

Date: 28 March 2018; Court: Federal Court; Citation: [2018] MYFC 18; Source: Federal Court Registry

Five Heritage Sdn Bhd and 5 Others v Peguam Negara Malaysia and 2 Others

Administrative law – Judicial review – Ex-parte application for leave to make an application for judicial review under Order 53 rule 3(1) of the Rules of Court 2012 against the consent given by the Attorney General under section 9 of the Government Proceedings Act 1956 – Whether such consent merely an administrative decision &n ...

Date: 10 August 2018; Court: Court of Appeal; Citation: [2018] MYCA 275; Source: Federal Court Registry

Majlis Perubatan Malaysia and Another v Asia Pacific Higher Learning Sdn Bhd

Date: 07 June 2018; Court: Court of Appeal; Citation: [2018] MYCA 200; Source: Federal Court Registry

Park Access Sdn Bhd and 2 Others v Badan Pengurusan Bersama Prima Avenue dan DPCC Fasa 1 and 3 Other Appeals

Date: 18 May 2018; Court: Court of Appeal; Citation: [2018] MYCA 187; Source: Federal Court Registry

Ling Khee Ming v Ling Shew Kue @ Ling Chai Yuen and Another

Litigation & court procedure – Costs – Security for costs – Meaning & scope – Application for security for costs in reliance of section 44 of Courts of Judicature Act 1964, rule 27 of the Rules of Court of Appeal, Order 23 of Rules of High Court 2012

Date: 08 August 2018; Court: Court of Appeal; Citation: [2018] MYCA 267; Source: Federal Court Registry

Thai Siew Choo v Thurghathavy A/P N Govindasamy and Another

Litigation & court procedure – Consent judgment – Suit to set aside the consent judgment – Application to dismiss the suit to set aside the consent judgment under inherent jurisdiction of the court and/or pursuant to Order 18 rule 19(1)(b) and or (d) of the Rules of Court 2012 on the grounds that the issues raised in the su ...

Date: 19 July 2018; Court: Court of Appeal; Citation: [2018] MYCA 259; Source: Federal Court Registry

Goh Beng Li @ Angeline Binti Umpu v Goh Beng Chu @ Mariana Binti Umpu

Litigation & court procedure – Striking out of claim – Order 18 rule 19(1)(b) & (d) and Order 92 rule 4 of the Rules of Court 2012 – Principle of res judicata and absence of express law ousting the jurisdiction of the civil court in dealing with estates of natives in Sabah as grounds for striking out – Whether the ...

Date: 17 July 2018; Court: Court of Appeal; Citation: [2018] MYCA 229; Source: Federal Court Registry

INDUSTRY UPDATES

No Freeze in Intake of Foreign Workers - Ministry

KUALA LUMPUR, May 18 (Bernama) - The Human Resources Ministry has clarified that there is no freeze in the recruitment of foreign workers although many applications to bring in workers have been rejected for non-compliance with the law.

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INDUSTRY UPDATES

Actions against those who tarnish Judiciary's Image, Dignity, says CJ

PUTRAJAYA, May 17 (Bernama) - Actions will be taken against those who tarnish the judiciary's image and dignity, says Chief Justice Datuk Tengku Maimun Tuan Mat.

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INDUSTRY UPDATES

Right Decisions only Way for Judiciary to recover Glory - Attorney General

PUTRAJAYA, May 17 (Bernama) - Attorney-General Tommy Thomas says judges must always endeavour to make the right decisions, without fear or favour, and regardless of the personality of the party or the accused before them.

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INDUSTRY UPDATES

Transport Ministry makes it More Flexible for e-hailing Drivers to obtain PSV Licence

KUALA LUMPUR, May 17 (Bernama) - The Ministry of Transport is willing to make it easier for e-hailing drivers to clock in the six hours of course time to obtain a Public Transport Vehicle (PSV) licence.

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INDUSTRY UPDATES

RM1.56 Mln Fine on Poachers, highest so far for Wildlife Crimes

PUTRAJAYA, May 17 (Bernama) - The Kuala Terengganu Sessions Court's decision to fine RM1.56 million each on two Vietnamese poachers has been the highest amount so far for wildlife crimes in the country's history, said Water, Land and Natural Resources Minister Dr Xavier Jayakumar.

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INDUSTRY UPDATES

Adib Inquest: Lawyer grills Forensics Expert on 'Probability Report'

SHAH ALAM, May 16 (Bernama) - A lawyer questioned the ‘probability report’ of a specialist medical witness in the inquest into the death of Muhammad Adib Mohd Kassim, that injuries to the right chest of the firefighter were caused by a curb or road shoulder.

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INDUSTRY UPDATES

Government agrees to appoint a Youth to represent them in the Senate

BANGI, May 15 (Bernama) - Prime Minister Tun Dr Mahathir Mohamad announced that the government has agreed to appoint a member of the Senate from among the youths with wide expertise and knowledge in the field and issues on the development of youths.

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INDUSTRY UPDATES

MoF sets up Debt Management Office

KUALA LUMPUR, May 15 (Bernama) - The Ministry of Finance has set up the Debt Management Office (DMO) to review and manage the government’s debt and liabilities.

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INDUSTRY UPDATES

Universities, Industry Players to join forces for IR 4.0

GEORGE TOWN, Apr 29 (Bernama) - The joint forces of the brains in the universities and the capacity and capabilities of key industries will make a change for a better world through the Fourth Industrial Revolution (IR 4.0), said Universiti Sains Malaysia (USM) vice-chancellor Prof Dr Asma Ismail.

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INDUSTRY UPDATES

BNM appoints Two External Members to Monetary Policy Committee

KUALA LUMPUR, Apr 29 (Bernama) - Bank Negara Malaysia (BNM) has reappointed Professor Dr Yeah Kim Leng and appointed Datuk Dr Gan Wee Beng as external members of its Monetary Policy Committee (MPC) effective April 1, 2019.

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INDUSTRY UPDATES

Those given Trust, Power should Build a better Nation Based on Rule of Law - Sultan Nazrin

KUALA LUMPUR, Apr 25 (Bernama) - The Sultan of Perak, Sultan Nazrin Shah said those given the trust, power and position, now have the opportunity to build a better Malaysia based on the rule of law.

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INDUSTRY UPDATES

King decides High Court Registry Location on Advice of PM - Sabah Law Society

KOTA KINABALU, Apr 25 (Bernama) - The principal registry of the High Court of Sabah and Sarawak can be relocated to any place in Sabah or Sarawak as determined by the Yang di-Pertuan Agong acting on the advice of the prime minister, the Sabah Law Society (SLS) said today.

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INDUSTRY UPDATES

Mobile Application on Labour Market Information Launched

PUTRAJAYA, Apr 23 (Bernama) - Information on Malaysia's labour market is now available at the fingertips with the launch of a new mobile application, Labour Market Information Gateway or LMI Gateway today.

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INDUSTRY UPDATES

Former Lawyer Pleads not Guilty to CBT Over Client's House Sale Proceeds

KUALA LUMPUR, Apr 23 (Bernama) - A former lawyer pleaded not guilty at the Sessions Court here today to a charge of criminal breach of trust amounting to RM338,000 which was the proceeds from the sale of a house belonging to his client three years ago.

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INDUSTRY UPDATES

Cybersecurity Challenge should be viewed as an Opportunity - Gobind

CYBERJAYA, Apr 23 (Bernama) - A national innovation ecosystem needs to be developed to transform cybersecurity challenges towards forming new opportunities, ideas and solutions, Communications and Multimedia Minister Gobind Singh Deo said today.

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