malaysia - Litigation & Court Procedure - Judgments & Rulings

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

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

Pengusaha, Tempat Tahanan Perlindungan Kamunting, Taiping and 2 Others v Badrul Zaman Bin P S Md Zakariah

Litigation & court procedure – Jurisdiction of courts – Whether a court has discretion to allow a question of law raised for the first time on appeal in view of the clear words of a statute ousting the jurisdiction of the courts in respect of a specific matter – Rules 18(1) and 18(2), Rules of the Court of Appeal 1994

...
Date: 05 April 2018; Court: Federal Court; Citation: [2018] MYFC 17; Source: Federal Court Registry

Malayan Banking Berhad v Syed Ahmad Safar Bin Syed Kechik

Litigation & court procedure – Application to strike out a claim pursuant to Order 18 Rule 19(1)(a)(b) and (d) of the Rules of Court 2012 – Whether there was a clear and obvious case for striking out – Principles governing the striking out – Whether the claim “obviously unsustainable”, or “frivolous ...

Date: 24 May 2018; Court: Court of Appeal; Citation: [2018] MYCA 247; Source: Federal Court Registry

INDUSTRY UPDATES

New Regulation to be a Boon for Labuan Economy

LABUAN, Mar 25 (Bernama) - Labuan Business Activity Tax (Requirements for Labuan Business Activity) Regulations 2018, which requires a Labuan entity to have adequate full-time employees on the island as well as adequate amount of operating expenditure, will be a boon for the Labuan economy.

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INDUSTRY UPDATES

Chief Justice wants Bar cooperation to address Negative Perception of Judiciary

KUALA LUMPUR, Mar 22 (Bernama) - Chief Justice Tan Sri Richard Malanjum has called on the Malaysian Bar to work with the judiciary to shed the negative perception of the public towards the judicial system.

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INDUSTRY UPDATES

Pharmacists urge Government to review Poisons Act 1952

PETALING JAYA, Mar 24 (Bernama) - The Malaysian Community Pharmacy Guild (MCPG) is calling on the government to review the Poisons Act 1952 to ensure the pharmaceutical industry is in sync with innovations in technology.

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INDUSTRY UPDATES

MCMC advises Facebook, Instagram Users to change Passwords

KUALA LUMPUR, Mar 24 (Bernama) - The Malaysian Communications and Multimedia Commission (MCMC) has advised Facebook and Instagram users to change their passwords if they have been informed that their passwords are in the format which can be read by Facebook employees.

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INDUSTRY UPDATES

Malanjum keeping Mum about his Successor

KUALA LUMPUR, Mar 20 (Bernama) - Chief Justice Tan Sri Richard Malanjum, who is due for compulsory retirement in April only smiled broadly and chose to remain secretive when asked about his successor.

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INDUSTRY UPDATES

MP Noh Omar expelled from Dewan Rakyat for Three Days

KUALA LUMPUR, Mar 19 (Bernama) - Tanjung Karang MP Tan Sri Noh Omar has been expelled from the Dewan Rakyat for three days from today.

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INDUSTRY UPDATES

Selangor wants tougher Environmental Laws

SHAH ALAM, Mar 17 (Bernama) - The Selangor government wants to enforce more stringent laws to address issues related to environmental pollution in the state, said Menteri Besar Amirudin Shari.

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INDUSTRY UPDATES

Rosmah's Graft Case transferred to High Court

KUALA LUMPUR, Mar 15 (Bernama) - The High Court here today allowed the prosecution's application to transfer from the Sessions Court to the High Court the case involving two graft charges filed against Datin Seri Rosmah Mansor, who is the wife of former Prime Minister Datuk Seri Najib Tun Razak.

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INDUSTRY UPDATES

SC to facilitate Greater Investor Inclusiveness

KUALA LUMPUR, March 14 (Bernama) - Opening local corporate bonds and sukuk to retail investors who meet the requirements set are among the steps taken by the Securities Commission Malaysia (SC) to promote investors inclusiveness in the local market.

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INDUSTRY UPDATES

SC aims Further Expansion of Islamic Capital Market, says Chairman

KUALA LUMPUR, March 14 (Bernama) - The Securities Commission (SC), the regulatory body of the capital market, aim to foster growth that is premised on long-term value creation by intensifying efforts to further expand the Islamic capital market as well as the closely-linked sustainable finance segment.

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INDUSTRY UPDATES

CJ seeks to remove Parts of Hamid Sultan's Affidavit

KUALA LUMPUR, Mar 13 (Bernama) - Chief Justice Tan Sri Richard Malanjum today filed an application to remove parts of the supporting affidavit filed Court of Appeal Judge Datuk Dr Hamid Sultan Abu Backer in the lawsuit by the late Karpal Singh’s daughter, claiming that it was outrageous, insulting and an attack to the Judiciary.

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INDUSTRY UPDATES

Up to PM to shortlist Candidates for CJ's Post - Liew

KUALA LUMPUR, Mar 12 (Bernama) - The Law Minister in the Prime Minister’s Department Datuk Liew Vui Keong today said that he has no information about the candidates shortlisted to be appointed as the new Chief Justice to replace Tan Sri Richard Malanjum who will retire from the post next month.

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INDUSTRY UPDATES

Sabah helps Children without Documents through Legalization Program

KOTA KINABALU, Mar 12 (Bernama) - Children born in Sabah and categorised as foreigners even though one of their parents were local residents, will be given aid through a legalisation programme which will ensure a better future for them.

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INDUSTRY UPDATES

National Income Tax still Competitive

KUALA LUMPUR, March 11(Bernama) - The income tax in this country is still competitive compared to other nations.

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INDUSTRY UPDATES

Najib seeks Court Directive on gag Order against Media, Public

PUTRAJAYA, Mar 11 (Bernama) - Datuk Seri Najib Tun Razak wants a court directive to inform members of the public and media on what can and cannot be discussed and published pertaining to his criminal case involving SRC International Sdn Bhd funds, the Court of Appeal heard.

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