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

Court cautions Najib against posting Statements on his Trial

KUALA LUMPUR, Jul 18 (Bernama) - The High Court here today cautioned Datuk Seri Najib Tun Razak against posting any more statements in social media pertaining to his SRC trial or risk being cited for contempt of court.

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INDUSTRY UPDATES

Bank Muamalat: 'Court did not find us Guilty of Union-Busting'

KUALA LUMPUR, Jul 18 (Bernama) - Bank Muamalat Malaysia Bhd today said it was never found guilty of union-busting or had breached any law.

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INDUSTRY UPDATES

Guidebook on Parliamentary Constituencies launched

KUALA LUMPUR, Jul 17 (Bernama) - Dewan Rakyat Speaker Datuk Mohamad Ariff Md Yusof today launched Wakil Kita di Parlimen, a 228-page guidebook containing relevant information on all the 222 parliamentary constituencies.

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INDUSTRY UPDATES

Students among Plaintiffs in Lawsuit over Sungai Kim Kim Pollution

JOHOR BAHRU, Jul 17 (Bernama) - Thirty-four students are among 171 individuals who are suing the Johor state government, Menteri Besar Datuk Osman Sapian and 10 others over the pollution in Sungai Kim Kim near Pasir Gudang last March.

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INDUSTRY UPDATES

Chief Justice heads Penang Honours List

GEORGE TOWN, Jul 12 (Bernama) - Chief Justice Datuk Tengku Maimun Tuan Mat heads the list of 877 recipients of state honours and honorary medals in conjunction with the 81st birthday of the Yang Dipertua Negeri of Penang Tun Abdul Rahman Abbas.

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INDUSTRY UPDATES

Prosecution failed to serve Summons on Shahrizat's Children, Court sets new Mention Date

KUALA LUMPUR, Jul 12 (Bernama) - The Sessions Court here today set Aug 5 for mention of a lawsuit filed by the Companies Commission of Malaysia (CCM) against two children of former Women, Family and Community Development Minister Tan Sri Shahrizat Abdul Jalil in connection with several offences allegedly committed by their company.

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INDUSTRY UPDATES

Bill to increase Sabah State Seats to be tabled on July 17

KOTA KINABALU, Jul 11 (Bernama) - Sabah Chief Minister Datuk Seri Mohd Shafie Apdal is confident the Bill for the additional 13 seats, to increase the number of state seats from 60 to 73, will be approved when it is tabled in Parliament on July 17.

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INDUSTRY UPDATES

IRB records 486,360 Cases of Voluntary Tax Declaration

KUALA LUMPUR, Jul 8 (Bernama) - The Inland Revenue Board of Malaysia (IRB) has recorded 486,360 cases of voluntary tax declaration under the special voluntary declaration programme (PKPS) as of June 23.

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INDUSTRY UPDATES

Sugar Tax: SME Traders can file Postponement Appeal

PARIT BUNTAR, Jul 7 (Bernama) - Small and Medium Enterprise (SME) traders affected by the sugar tax on sweetened drinks which came into effect this month, can file a postponement appeal to the relevant authorities.

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INDUSTRY UPDATES

Sarawak Government has not Officially responded on the RM1 Loan Offer - MOF

KUALA LUMPUR, Jul 6 (Bernama) - The Sarawak state government has yet to provide any official feedback to the Federal government on the proposed loan offer, amounting to RM1 billion, which will be allocated for repairs of dilapidated schools in the state.

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INDUSTRY UPDATES

Government offers Tax Incentives, grants to boost Participation in Expo 2020 Dubai

PUTRAJAYA, Jul 5 (Bernama) - The government has approved tax incentives and grants to encourage potential participating and contributing companies in the upcoming Expo 2020 Dubai.

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INDUSTRY UPDATES

Airbnb wants clearer Guideline on Tourism Tax

KUALA LUMPUR, Jul 2 (Bernama) -- Online hospitality service brokerage company, Airbnb Inc urged the government to provide a clearer guideline on tourism tax for its type of business.

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INDUSTRY UPDATES

CUEPAC urges Government to review Minimum Wage

KUALA TERENGGANU, Jun 30 (Bernama) - The Congress of Unions of Employees in the Public and Civil Services (CUEPACS) has urged the government to review the minimum wage in an effort to reduce the people’s cost of living.

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INDUSTRY UPDATES

MITI calls SMEs to sign up for IR4.0 Assessment

GEORGE TOWN, Jun 28 (Bernama) - The Ministry of International Trade and Industry (MITI) is encouraging small and medium-sized enterprises (SMEs) in the manufacturing sector to sign up for the National Policy on Industry 4.0 Readiness Assessment (Industry4WRD-RA).

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INDUSTRY UPDATES

Lawyer Shafee's Money-Laundering trial moved to March Next Year

KUALA LUMPUR, Jun 27 (Bernama) - The trial of prominent lawyer Tan Sri Muhammad Shafee Abdullah, who is facing two counts of money laundering charges involving RM9.5 million he allegedly received from former prime minister Datuk Seri Najib Tun Razak, and two charges of making false statements to the Inland Revenue Board (IRB), has been moved to March next year.

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