malaysia - Litigation & Court Procedure - Judgments & Rulings

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

Kok Chee Yoong and Another v Wong Lee Yuen

Litigation & court procedure – Application to strike out an amended claim pursuant to Order 18 rule 19(1)(a)(b) or (d) of the Rules of Court 2012

Probate – Contentious probate action – Order 72 of the Rules of Court 2012 – Whether the failure to comply with the mandatory requirements of Order 72 of the Rules o ...

Date: 16 March 2018; Court: Court of Appeal; Citation: [2018] MYCA 245; Source: Federal Court Registry

INDUSTRY UPDATES

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Chief Justice calls for Government Audit on Rights of Indigenous People

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Complaint Boxes for Iskandar Puteri Schools to tackle Crimes

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Tax Amnesty Programme aims to reduce People's Burden, says IRB

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Tengku Abdullah to be proclaimed as New Sultan of Pahang on January 15

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Judges, Judicial Officers receive DoJ Training not due to High Profile Cases - CJ

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Adapt Technology and Work from anywhere, CJ tells Lawyers

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Malaysian Bar will continue to voice Concerns over use of Oppressive Laws - President

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Full Force of the Law to be applied to Wrongdoers, says AG

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Matrade appoints Halim Mohamad as Chairman

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INDUSTRY UPDATES

Rizal granted Permission to transfer Corruption Case to High Court

KUALA LUMPUR, Jan 9 (Bernama) - The case of former special officer to the former Prime Minister, Datuk Rizal Mansor, who faces four corruption charges involving a solar hybrid system project for rural schools in Sarawak will be heard in the High Court.

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Kamis Samin is new Chief Administrator of Parliament

KUALA LUMPUR, Jan 7 (Bernama) - Prime Minister’s Department Ceremonial and International Conference Secretariat Division secretary Datuk Kamis Samin has been appointed as the new Chief Administrator of Parliament, effective today.

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Ku Nan's Case to be tried in High Court

KUALA LUMPUR, Jan 7 (Bernama) - The case of former Federal Territories Minister Datuk Seri Tengku Adnan Tengku Mansor, who is facing two charges of receiving bribes totalling RM3 million, over the approval of an application by a company to raise the development related ratio in Jalan Semarak Kuala Lumpur, will be tried in the High Court.

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INDUSTRY UPDATES

No Bail for former Goldman Sachs Banker Roger Ng

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SC appoints Ong as Executive Director effective January 4

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