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FEATURED CASES
 

Part 1

Part 2

  • Case No.:

    1. Penang Port Commission v Kanawagi [FCM]

      • File size: 19kb

      • Matter: practice & procedure - court of appeal - whether the orders made by one Court of Appeal can be set aside by another Court of Appeal in the context of ss 43 and 44 of the Courts of Judicature Act 1964.

    2. Pekeliling Triangle Sdn Bhd v Chase Perdana Sdn Bhd [CAM]

      • File size: 50kb

      • Matter: arbitration - stay of court proceedings - suit involved allegations of conspiracy, trespass, refusal to issue certificate of practical completion & termination of contract - whether it was proper for court to refuse stay on ground that arbitration is not a suitable process & it would be better for court to hear the disputes.

    3. Yong v Malaysia [CAM]

      • File size: 34kb

      • Matter: succession - suit against estate of deceased - appellant was neither executrix nor administratrix of deceased's estate - respondent sought to recover taxes from deceased's estate - whether the suit commenced by respondent naming appellant as representative of the estate of the deceased proper.

    4. Future Heritage Sdn Bhd v Intelek Timur Sdn Bhd [CAM]

      • File size: 75kb

      • Matter: arbitration - award - whether it is proper for court to re-open an award based on evidence presented upon the suggestion that some of the evidence had been misapprehended and misunderstood.

    5. Anafartalar Cadessi Sdn Bhd v Southern Investment Bank Bhd [CAM]

      • File size: 23kb

      • Matter: company - winding-up - members' rights - company owned 3 pieces of land - by order of court they were sold to respondent by public auction - subsequently company was wound-up - appellant is a member of wound-up company - appellant caveated the lands because respondent has not paid purchase price in full and so is not entitled to be registered as owner - whether respondent as member of company had interest in the assets of company in winding-up.

    6. Sykt Tingan Lumber Sdn Bhd v Takang Timber Sdn Bhd [CAM]

      • File size: 25kb

      • Matter: practice & procedure - appeal - meaning of "decision" - appellant sought to admit in evidence certain cause papers in respect of another case - Deputy Registrar of the High Court disallowed & ruled them inadmissible - whether "decision" of Deputy Registrar appealable.

    7. Lee v Gan [CAM]

      • File size: 161kb

      • Matter: succession - testamentary capacity of testator - whether the testator who is suffering from cancer of the esophagus has the mental capacity to make a will - where there is a sharp conflict between the direct testimony of a disinterested witness on the one side and that of a handwriting expert on the other as to the genuineness of the execution of a document, then it is a safe course for a court to prefer the direct evidence

    8. Phileo Promenade Sdn Bhd v Premier Model (M) Sdn Bhd [CAM]

      • File size: 33kb

      • Matter: judges - expunging judge's remarks - 

    9. Melantrans Sdn Bhd v Carah Enterprise Sdn Bhd [FCM]

      • File size: 36kb

      • Matter: company - receiver & manager - pursuant to terms of debenture receiver & manager was duly empowered as lawful attorney of company - whether receiver & manager has power to sell land (charged under National Land Code) by private treaty to appellant without following the procedures in the NLC.

    10. Multi-Purpose Holdings Bhd v General Holdings Sdn Bhd [CAM]

      • File size: 36kb

      • Matter: trust & equity - charitable trust - appellant bought shares held by respondent - full purchase price tendered save for RM10m which sum respondent's representative by a supplemental agreement propose to use in setting up a charitable foundation & the management of which rests with appellant - whether there was a valid charitable trust.

    11. Diamond Peak Sdn Bhd v United Merchant Finance Bhd [CAM]

      • File size: 39kb

      • Matter: banking - foreclosure - respondent obtained order of court to sell land by public auction - contrary to s.257(1)(b) of National Land Code the order did not state auction date - whether the order for sale is valid.

    12. Karunairajah Rasiah v Punithambigai Ponniah [CAM]

      • File size: 42kb

      • Matter: divorce - maintenance - respondent agreed to pay maintenance for his children - oldest child has attained 18 years of age & was pursuing her education in the UK - whether respondent is entitled to cease the maintenance payment purely on account of the fact the child has attained 18.

    13. Samsudin Abu Hassan v Robert Kokshoorn [CAM]

      • File size: 35kb

      • Matter: arbitration

    14. Sri Kelangkota-Rakan Engineering JV Sdn Bhd v Arab-Malaysian Prima Realty Sdn Bhd [FCM]

      • File size: 81kb

      • Matter: 

    15. The Highland Towers [CAM]

      • File size: 117kb

      • Matter: building & construction - earth retaining wall collapsed as a result of change in water course behind the wall which was brought about by development works - in consequence, building in front of wall also collapsed - whether there is (1) negligence; (2) nuisance; & (3) liability under Ryland v Fletcher.

Part 3

  • Case No.:

    1. Pioneer Motor Service Co Sdn Bhd v Chin Cheng Hong Sdn Bhd [CAM]

      • File size: 37kb

      • Matter: company - shares transfer - shareholders' pre-emptive right.

    2. Nat Union of Hotel, Bar & Restaurant Workers v Tanjong Jara Beach Hotel Sdn Bhd [CAM]

      • File size: 25kb

      • Matter: "whether the Industrial Court has jurisdiction to exercise its interpretive powers under s 33 of the Industrial Relations Act 1967 in non-compliance proceedings brought under s 56 of the Act ... [W]hether the interpretation by that court of the collective agreement in the instant case discloses an error of law."

    3. Corrugated Carton Products Sdn Bhd v Kong Long Huat Realty Sdn Bhd [CAM]

      • File size: 33kb

      • Matter: contract - interpretation - contract for sale & purchase of property has provision allowing extension of time period to make payment of purchase price - purchaser failed to make payment within normal time period - whether the extended time period is in operation.

    4. UOB (Malaysia) Bhd v Loke [CAM]

      • File size: 31kb

      • Matter: bankruptcy proceedings - opposition of bankrupty notice - 

    5. Mahadevi v Thiruchelvasegaram [FCM]

      • File size: 46kb

      • Matter: defamation - 

    6. Pembinaan & Pemaju Mahajiwa (Selangor) Sdn Bhd v ASM Development Sdn Bhd [FCM]

      • File size: 53kb

      • Matter: practice & procedure - abuse of court process -

    7. Chen v Agnkasamas Sdn Bhd [CAM]

      • File size: 28kb

      • Matter: "The protrusions into the respondent's land by the appellant may look trivial in the eyes of the appellant; nevertheless it could not be denied that they constitute a clear breach of the respondent's right to the exclusive use and enjoyment of his land." 

    8. Malayan Banking Bhd v Mohd Bahari [CAM]

      • File size: 30kb

      • Matter: "Before the learned judge, it was argued that since the primary remedy under s 20(1) [Industrial Relations Act 1967] was reinstatement and since reinstatement was impossible in view of s 56 of the [Banking and Financial Institutions Act 1989], the jurisdiction of the Industrial Court to inquire into the dispute was ousted."

    9. Megat Najmuddin v Pewira Habib Bank Malaysia Bhd [CAM]

      • File size: 47kb

      • Matter: "The first letter ... contained the appellants' advice that a Lien Holder's Cavest would be sufficient security for the disbursement of the first OD at that point of time. However, from the record, even before the advice was given the respondent had allowed for the release of a sum of RM200,000 to the borrower without any security ..."

    10. Mohd Amin v PP [FCM]

      • File size: 

      • Matter: "that there were 2 essential ingredients involved, to wit, that the accused had waged war and that such war was against the Yang di-Pertuan Agong ..."

    11. Hendrick International Hotels v YTL Hotels & Properties Sdn Bhd [CAM]

      • File size: 59kb

      • Matter: "The gist of the complaint of the appellant was that there was no justification in allowing the striking out application ... since there were factual disputes, that the learned judge made a wrong finding of fact, that the respondent did not come to court with 'clean hands' and ..."

    12. Ngan v Panin International Credit (S) Pte Ltd [CAM]

      • File size: 49kb

      • Matter: "in applying the principles as enunciated above to the facts and circumstances of the present case, we have no hesitation in finding that this is a proper case for stay to be granted."

    13. Mohamed Azmal Noor v Arab-Malaysian Finance Bhd [CAM]

      • File size: 30kb

      • Matter: "appeal concerns an extension of time to pay the balance of purchase price, granted by the senior assistant registrar to the [respondent] purchaser of the appellant's apartment at a public auction ..."

    14. Enesty Sdn Bhd v DGIR [CAM]

      • File size: 33kb

      • Matter: "This was an appeal from the High Court's refusal of an order of mandamus to direct the respondent to issue and serve on the appellant company notices of assessment for years of assessment 1982, 1983 and 1984."

    15. Kekatong Sdn Bhd v Danaharta Urus Sdn Bhd [CAM]

      • File size: 81kb

      • Matter: "In order to determine whether s 72 runs foul of the Federal Constitution it is necessary as a first step to ascertain whether access to justice is a guaranteed fundamental liberty. If the answer is in the affirmative then at the second stage we have to ascertain whether s 72 denies such access."

Part 4

  • Case No.:

    1. Azizah Shaik Ismail v Fatimah Shaik Ismail [FCM]

      • File size: 16kb

      • Matter: "The Syariah Court gave the Appellants the custody of the child until she reaches the age of 16 years and thereafter to be returned to the Respondents. The child, however, later on went back to live with the Respondents. The Respondents refused to return the child ..."

    2. K.C. Looi v Public Prosecutor [CAM]

      • File size: 80kb

      • Matter: "Having considered the evidence ..., we are in agreement with the learned deputy that this is a proper case in which the defence upon the original charge of trafficking should have been called ... [W]e would hasten to add that what we have said thus far is not to be construed as a direction to the learned judge to convict."

    3. Kosma Palm Oil Mill Sdn Bhd v Koperasi Serbaguna Makmur Bhd [CAM]

      • File size: 61kb

      • Matter: "The need to establish the existence of special circumstances to enable the Court to grant a stay of execution has been well established in this country."

    4. Petroleum Nasional Bhd v Terengganu [CAM]

      • File size: 117kb

      • Matter: "did the plaintiff have any rights under the law over petroleum won and saved in the continental shelf (as defined under the CSA) adjacent to the plaintiff's coast up and just prior to ..."

    5. Petronas Bhd v Nik Ramli [FCM]

      • File size: 41kb

      • Matter: "After the formation of PRI in mid-1987, the Respondent was informed by the General Manager, Human Resources Division that his position in PRI was to be a Geologist. The Respondent considered this to be a demotion in rank ..."

    6. Thiruchelvasegaram v Mahadevi [FCM]

      • File size: 46kb

      • Matter: "Whether an appellate court has power, having upheld the trial court’s rejection of a general plea of privileges (ancillary or qualified or absolute) as not having been pleaded and therefore not being able to be considered, still proceed to entertain and uphold such pleas."

    7. Indra Menon v Great Eastern Life Assurance Co Ltd [CAM]

      • File size: 41kb

      • Matter: "when read together, the Agency Agreement, the Supplementary Agreement and the circulars sufficiently create an entitlement in the plaintiff’s favour of an overriding commission in respect of Group Scheme policies of insurance ..."

    8. Public Prosecutor v Muhamad Suhaimi [CAM]

      • File size: 57kb

      • Matter: "an appeal by the prosecution against the decision of the learned High Court Judge in acquitting the accused on the charge of murder on the ground of insanity ..."

    9. V.K. Ngeow v Sungei Wang Plaza Sdn Bhd [CAM]

      • File size: 38kb

      • Matter: "Generally, under employment law, an employee is not entitled to disobey the order of his superior. Such precept is obvious since to allow disobedience of an order of a superior will bring chaotic situation to any organization in term of discipline, performance as well as industrial peace."

    10. Mulpha Pacific Sdn Bhd v Paramount Corporation Bhd [CAM]

      • File size: 29kb

      • Matter: "From our reading, what is crystal clear is that clause 4.2 of the agreement allowed the appellant to request for an additional month to pay the balance sum on condition that they pay interest calculated on a daily basis."

    11. Public Prosecutor v Ishak Shaari [CAM]

      • File size: 66kb

      • Matter: "the learned DPP contended that the misdirections in the appeals were in fact errors in the judgments which arose as the result of the decision of the Federal Court in Arupragasan Sandaraju v PP (1997) 1 MLJ 1 which held that the standard of proof required from the prosecution at the close of its case was the beyond all reasonable doubt standard of proof."

    12. Abdol Mulok v Perdana Industri Holdings Bhd [CAM]

      • File size: 30kb

      • Matter: "The Appellant filed his defence ... denying any liability and asserted that the purported agreement was a sham and thus the Respondent should be estopped from relying on it."

    13. Ideal City Development Sdn Bhd v Dynamic Mould Sdn Bhd [CAM]

      • File size: 40kb

      • Matter: "The requirement to obtain for the consent/approval from Foreign Investment Committee was a condition precedent and thus a contingent condition in the Agreement. This point has been succinctly expressed in National Land Finance Co-Operative Society Ltd. v Sharidal Sdn Bhd (1983) 2 MLJ 211 ..."

      • File size: kb

      • Matter: ""

    15. Public Prosecutor v Quattrocchi [CAM]

      • File size: 68kb

      • Matter: "the Public Prosecutor filed an ex parte Notice of Motion ... for an order that the travel documents of the Respondent ... be surrendered to Court pending the final disposal of the Applicant’s appeal to the Court of Appeal ..."

[.... END OF 2003 ....]

 

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