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FEATURED CASES

 

Part 1

  • Case No.

    1. UMBC Bhd v Richland Trade & Development Sdn Bhd [CAM] 

      • File size: 31kb

      • Matter: companies winding up - 218 notice claimed unquantified interest - petition served at company old registered address (based on official search result) - Form 44 notice of change of situation of registered address already lodged with the ROC at time of service of petition - whether 218 notice ambiguous and therefore bad - whether petition properly served.

    2. Tropiland Sdn Bhd v DCB Bank Bhd [CAM]

      • File size: 17kb

      • Matter: practice & procedure - stay of execution of writ of possession - whether there are special circumstances warranting stay.

    3. Capital Insurance Bhd v Kasim Mohd Ali [CAM]

      • File size: 41kb

      • Matter: practice & procedure - appeal - whether record of appeal is bad for not containing a copy of the sealed judgment appealed from.

    4. Esso Production Malaysia Inc v Aladdin Mohd Hashim [CAM] 

      • File size: 28kb

      • Matter: practice & procedure - adjournment - case was partly heard and thereafter was postponed several times - whether judge exercised his discretion correctly in allowing appellant's request for adjournment to appoint lawyers.

    5. Alor Janggus Soon Seng Trading Sdn Bhd v Sey Hoe Sdn Bhd [CAM]

      • File size: 29kb

      • Matter: practice & procedure - appeal - whether record of appeal is bad for not containing a copy of the sealed order appealed from - whether appeal was proper without the chronology of events filed in accordance with Rule 18(1) of the Rules of the Court of Appeal.

    6. H.T. Ng v Public Bank Bhd [CAM]

      • File size: 21kb

      • Matter: practice & procedure - discontinuance of suit - appellants were sued as guarantors & they raised the defence of non-service of demand notices successfully in setting aside (a) default judgment and later (b) summary judgment entered against them - after that court allowed respondents to withdraw suit with liberty to file afresh - whether court exercised its discretion correctly. 

    7. T. Lee v L.M. Seek [CAM]

      • File size: 57kb

      • Matter: contract - vendor sold property to another set of buyers after having sold it to plaintiff earlier on - plaintiff obtained order of specific performance against vendor and second set of buyers - vendor did not contest validity of contract or appeal - second set of buyers appealed - whether second set of buyers can challenge validity of contract -  whether termination of contract with plaintiff by vendor lawful - whether second set of buyers bona fide purchaser. 

    8. The Ferdeco 12 [FCM]

      • File size: 66kb

      • Matter: admiralty - respondent issued writ in rem against appellant and arrested two of appellant's vessels - appellant entered unconditional appearance but lodged PA late - respondent therefore applied for default judgment - whether by arresting two vessels the admiralty jurisdiction of the Sandakan High Court had been exceeded - whether appellant entitled to enter default judgment.

    9. Lam Kong Co Ltd v Thong Guan Co Pte Ltd [CAM]

      • File size: 18kb

      • Matter: practice & procedure - leave to appeal. 

    10. Director of Land & Mines v Emrico Development Sdn Bhd [CAM] 

      • File size: 58kb

      • Matter: land - compulsory acquisition - service of notice of inquiry and award - time for holding inquiry.

    11. Pusat Bandar Damansara Sdn Bhd v Yap Han Soo & Sons Sdn Bhd [CAM]

      • File size: 75kb

      • Matter: contract - breach - termination - agreed liquidated damages - moneylending.

    12. Malakoff Bhd v Land Administrator [CAM]

      • File size: 13kb

      • Matter: land - compulsory acquisition - award. 

    13. Ah San v Ipoh Town Council [CAM]

      • File size: 24kb

      • Matter: planning - procedure - planning permission - infringement of neighbour's rights. 

    14. DGIR v MCIS Ltd [CAM]

      • File size: 41kb

      • Matter: revenue - income tax - exemption - interpretation of tax statutes.

    15. SP Annamalai Subramaniam Chettiar v Perbadanan Pembangunan Bandar [CAM]

      • File size: 19kb

      • Matter: contract - formation - breach - loss of profits.

Part 2

Part 3

  • Case No.

    1. BSN Merchant Bank Bhd v Thomas [CAM]

      • File size: 37kb

      • Matter: banking - banking institution - insolvency - affairs of institution taken over by Bank Negara - effects of taking over on locus standi.

    2. Selvam Holdings (M) Sdn Bhd v Grant Kenyon & Eckhardt Sdn Bhd [CAM]

      • File size: 42kb

      • Matter: courts - functus officio

    3. B.H. Phua v S.H. Ho [CAM]

      • File size: 111kb

      • Matter: family - divorce - matrimonial assets - division - maintenance.

    4. Dial Kaur v Mann Foong Realty Sdn Bhd [CAM]

      • File size: 46kb

      • Matter: contract - specific performance - agreement struck through exchange of correspondence between solicitors acting for respective parties - interpretation - reciprocal promises - whether plaintiff could insist on performance by defendant before discharging its own obligation.

    5. Koperasi Rakyat Bhd v Harta Empat Sdn Bhd [FCM]

      • File size: 41kb

      • Matter: companies - loan to directors, s.133 Companies Act 1965 - company charged property to secure loan to director - whether charge void for contravening s.133.

    6. Raju Kerpaya v CIMB Bank Bhd [CAM]

      • File size: 64kb

      • Matter: bankruptcy - bankruptcy notice - validity of notice - respondent obtained judgment against appellant and served bankruptcy notice - the notice differed from the judgment (it has penalty interest and stamp duties not given in the judgment) - whether notice is a nullity.

    7. EPF Board v Staff Union of EPF Board [FCM]

      • File size: 79kb

      • Matter: labour - trade union - union members are public sector employees - locus standi of union to take legal action on behalf of such members - s.52(1) Industrial Relations Act 1967 disapply Act to government & public bodies - whether union has right to bring action on behalf of members in respect of employment contract in which union is not a party

    8. Penang General Hospital v Utra Badi Perumal [CAM]

      • File size: 109kb

      • Matter: labour - wrongful dismissal - disciplinary proceedings - procedural fairness - employee's urine sample tested (+) for drug - he faced disciplinary action & was asked to give written representation - he denied drug abuse & said urine sample could be a mixed-up - he was then dismissed without any oral hearing - he had no opportunity to plea in mitigation - whether the employee is entitled to oral hearing and plea in mitigation.

      • Note: decision was overruled by the Federal Court.

    9. LEC Contractors (M) Sdn Bhd v Castle Inn Sdn Bhd [CAM]

      • File size: 129kb

      • Matter: building contract - performance bond - defendant awarded building contract to plaintiff - award required plaintiff to furnish performance bond - plaintiff gave bank guarantee payable on "Principal's written demand" - dispute arose and plaintiff initiated arbitration proceedings - defendant through its solicitors served written demand on plaintiff's bank to call on the performance bond - plaintiff applied for injunction - whether demand which was issued by the defendant's solicitors was valid - whether performance bond is conditional or unconditional - whether bond was procured by fraud.

    10. Melantrans Sdn Bhd v Carah Enterprise Sdn Bhd [CAM]

      • File size: 25kb

      • Matter: banking - debenture - receiver & manager appointed under debenture in respect of assets (including a lease) of Carah - receiver sold lease to appellant - appellant did not wish to proceed with purchase - whether receiver has power to sell by contract assets of Carah.

    11. K.K. Lai v MBf Finance Bhd [CAM]

      • File size: 40kb

      • Matter: contract - frustration - Lai defaulted on a loan granted by MBf on security of Lai's property - MBf instituted foreclosure proceeding - Land Administrator granted order for sale - there are no interested bidders - parties then struck a settlement agreement - the new agreement required MBf to cancel order for sale - MBf was not successful - Lai defaulted & his property was sold by public auction - Lai sued MBf for breach of contract in failing to cancel order for sale - whether doctrine of frustration applicable.

    12. Barat Estates Sdn Bhd v Parawakan Subramaniam [CAM]

      • File size: 60kb

      • Matter: labour - termination notice - s.12, s.13 Employment Act 1955 - Barat Estates sold estates to another - informed employees of the sale and of the fact that their employment would continue unbroken under new owner - new owner also wrote the same to them - employees sued Barat for failing to give termination notice (s.12) and for indemnity (s.13) - whether despite the continuity in employment Barat had contravened s.12 of the Act - whether the device of ensuring continuity in employment amounts to denying employees a right to choose their employer.

    13. Malaysia v SEA Insurance Bhd [FCM]

      • File size: 66kb

      • Matter: building contract - performance bond - interpretation - contractor was awarded beach restoration works - contractor gave a performance bond and an insurance guarantee - contractor failed to complete - Government terminated contract & issed demand for payment under the bond and insurance guarantee - contractor failed to respond and Government sued - whether the demand issued by the Government complied with the terms of the performance bond - whether the two bonds are conditional bonds.

    14. Pillai v Vincent Tan [FCM]

      • File size: 46kb

      • Matter: defamation - damages - quantum

    15. Binariang Communications Sdn Bhd v I&P Inderawasih Jaya Sdn Bhd [CAM]

      • File size: 27kb

      • Matter: (1) procedure - civil - summary judgment - injunction (2) property - common areas.

Part 4

[.... END OF 2000 ....]

 

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