Part 1

• Case No.

  1. Public Prosecutor v Waad Mansor [FCM]

     • File size: 60kb

     • Matter: "[Amended charge:] That you ...., being a member of the State Legislative Assembly .... committed corrupt practice by using your public position for your pecuniary advantage ...."

  2. Bank of Tokyo - Mitsubishi (M) Bhd v Poong Lim (M) Sdn Bhd [CAM]

     • File size: 23kb

     • Matter: ".... crux of the appellant's contention .... is that the appellant was never in breach of the bargain, because the obligation of the first and second respondents was to tender the market price of the said Tan Chong shares which they had failed to do, as the agreement says "market price" and not "market value"."

  3. HP Projects Sdn Bhd v Investprop (M) Sdn Bhd [CAM]

     • File size: 25kb

     • Matter: "The respondent did not comply with a pre-condition stipulated in clause 7(b) of the tenancy agreement which says that the tenancy agreement shall only be terminated in the event of a breach by the tenant with a re-entry onto the said premises by the landlord."

  4. Perak Turf Club v Minister for Human Resources [CAM]

     • File size: 57kb

     • Matter: "an appeal against the decision of the .... High Court dismissing the appellant's application for an order of certiorari to quash the decision of the first respondent ordering the appellant to accord recognition to the second respondent as a trade union of workmen under s 9(1) of the Industrial Relations Act 1967"

  5. Subramanuam Dhurai v Sandrakasan Retnasamy [CAM]

     • File size: 38kb

     • Matter: "The learned judge found that the subject land was trust property, that the first defendant had obtained the issue document of title from the first respondent, that the first defendant had no interest in the subject land and that the appellant was not a bona fide purchaser. He accordingly granted the respondents a declaration that the transfer to the appellant was null and void, ...."

  6. Lina Joy v Islamic Religious Council of the Federal Territory [CAM]

     • File size: 106kb

     • Matter: "whether the National Registration Department had acted in accordance with law when it rejected the appellant's request to remove the word "Islam" from her National Registration Identity Card"

  7. Amanah Raya Bhd v Jerneh Insurance Bhd [CAM]

     • File size: 56kb

     • Matter: "The policy guaranteed payment in the event of injury or death .... arising from an accident except .... where the exclusion clause applied .... the deceased died after attempting to put out a fire in his neighbour's house .... the cause of death was a heart attack suffered by the deceased .... respondent repudiated the claim on the ground that the death was not caused by an accident."

  8. Vasagam v Resort World Employees Union [CAM]

     • File size: 31kb

     • Matter: "The primary issue .... is whether the ceasing of the employment of the appellant with the first respondent consequent upon the issue of the letter dated April 14, 1996 by the first respondent to the appellant amounts to a dismissal within the ambit of the Act. "

  9. MBf Insurance Bhd v Penang Garden Sdn Bhd [CAM]

     • File size: 44kb

     • Matter: "piling works .... commenced .... monitoring instruments that had been installed detected that the two buildings .... were settling and tilting .... piling works were stopped. To save the two buildings the respondents caused certain works to be carried out [and] succeeded to arrest the settlement and tilting of the two buildings .... the respondents claimed from the appellants under the policy a sum of RM1,968,646.90 ...."

  10. Selangor v Sagong Tasi [CAM]

      • File size: 114kb

      • Matter: "Part of the land settled upon by the plaintiffs was gazetted as Aboriginal land .... The other parts upon which they had settled were not so gazetted. A large strip across all this land was excised for the purpose of an expressway .... In consequence, the plaintiffs were dispossessed. Their houses were demolished."

  11. Mayor of Kuala Lumpur v Kuala Lumpur Gold & Country Club Bhd [FCM]

      • File size: 41kb

      • Matter: ".... that the decision of the Kuala Lumpur Mayor .... whereby the total annual value of the land .... was revised to a total sum of RM5,760,000 be set aside and that the annual value be substituted by the estimated gross annual rent of the land amounting to RM1,300,000 only."

  12. Perman Sdn Bhd v European Commodities Sdn Bhd [CAM]

      • File size: 46kb

      • Matter: "plaintiffs' case in the court below was that Raja Zainal held the Fimaly shares under either an express or alternatively a constructive trust. The latter claim of constructive trust was grounded on the plaintiffs having provided the purchase price for the Fimaly shares."

  13. The Great Eastern Life Assurance Co Ltd v Indra Menon [FCM]

      • File size: 27kb

      • Matter: "In arriving at that finding, the Court of Appeal has completely rewritten the law of contract governing limitation of actions. Section 6(1)(a) of the Contracts Act provides that "actions founded on a contract shall not be brought after the expiration of six years from the date on which the cause of action accrued"."

  14. Sivarasa Rasiah v Malaysian Bar [CAM]

      • File size: 75kb

      • Matter: ".... our view is that the question of freedom of association does not arise at all and therefore the inconsistency between the impugned statutory provision and Article 10(1)(c) of the Federal Constitution does not exist ...."

  15. Sri Minal Construction Sdn Bhd v Mobil Oil Malaysia Sdn Bhd [CAM]

      • File size: 88kb

      • Matter: "counsel raised three grounds .... for contending that the default judgment had been irregularly obtained. The first point was that no notice was given to the defendant prior to the entry of the judgment in default, and that was said to be a breach of rule 56 of the Legal Profession (Practice and Etiquette) Rules 1978"

Part 2

• Case No.:

  1. Malaysia v Yong [FCM]

     • File size: 54kb

     • Matter: "Whether in view of the provisions of the Income Tax Act 1967, Order 15 rule 6A Rules of the High Court is applicable to an action or proceeding raised under section 106 of the Income Tax Act 1967 in relation to an assessment in the name of an executor as defined in the Act."

  2. Perwira Habib Bank Bhd v Lum Choon Realty Sdn Bhd [FCM]

     • File size: 64kb

     • Matter: "Whether or not the failure to state the precise amount due to the Chargee in the letter of demand preceding the statutory notice under the National Land Code, 1965 would render an application for an order for sale of the charged land defective."

  3. Tan v Malaysian Nasional Insurance Bhd [FCM]

     • File size: 52kb

     • Matter: "Whether a claim for balance after [foreclosure] sale is a claim founded on contract and therefore subject to the limitation period of 6 years under .... the Limitation Act 1957 or a claim for money secured by charge on land and thereafter subject to the limitation period of 12 years under .... the Act?"

  4. Lee v Deputy Minister for Home Affairs [FCM]

     • File size: 72kb

     • Matter: "The provisions of sections 7C and 7D [Emergency (Public Order and Prevention of Crime) Ordinance 1969] are clear .... in a habeas corpus application such as in this case, the detention order made by the Minister under section 4(1) of the Ordinance may only be challenged on ground of non-compliance with any procedural requirement, and nothing else."

  5. Anthonysamy v PP [FCM]

     • File size: 96kb

     • Matter: "Learned counsel .... contended that before a cautioned statement is admitted there must be evidence of the words of the caution that was administered and that it is not sufficient merely to state that it had been read .... with regard to the question of the voluntariness of the cautioned statement learned counsel said that the learned Judge was wrong in saying that the accused must adduce evidence on his allegation of being assaulted after his arrest on the balance of probabilities ...."

  6. Cempaka Finance Bhd v Ho [FCM]

     • File size: 31kb

     • Matter: "Whether a certificate of indebtedness issued in accordance with the express provisions of the contract which provide that the certificate is final and conclusive of the matters stated therein is final and conclusive evidence of the amount in the absence of any manifest error on the certificate"

  7. Eric Chia v Public Prosecutor [CAM]

     • File size: 116kb

     • Matter: "whether the phrase “subject to the provisions of the Evidence Act [Act 56] and the Criminal Procedure Code [Act 593]” in s. 8(3) [Mutual Assistance In Criminal Matters Act 2002 (Act 621)] are superfluous and should be ignored"

  8. PP v Muhamad Suhaimi [FCM]

     • File size: 44kb

     • Matter: "the diagnosis was that the respondent was suffering from .... delusional disorder of the jealous type .... that his wife had been unfaithful. The psychiatrist’s conclusion was that at the time of the [killing], the respondent was of unsound mind and did not know that his action was wrong in law."

  9. Anwar Ibrahim v PP [FCM]

     • File size: 113kb

     • Matter: "The learned Attorney General started off by stating that rule 137 of the Rules of the Federal Court is ultra vires the Courts of Judicature Act and the Federal Constitution."

  10. Danaharta Urus Sdn Bhd v Kekatong Sdn Bhd [FCM]

      • File size: 141kb

      • Matter: "access to justice is part and parcel of the common law; the expression “law” .... includes the common law thereby making access to justice an integral part of Art 8(1); with the result that it is a constitutionally guaranteed fundamental liberty enshrined in Art 8(1)."

  11. Corrugated Carton Products Sdn Bhd v Kong Long Huat Realty Sdn Bhd [FCM]

      • File size: 29kb

      • Matter: "appellant informed .... respondent .... that [it] did not accept the respondent’s unfair termination made unilaterally and reiterated that the [it] was ready, able and willing to complete the transaction. Accordingly, the appellant filed an action .... for specific relief, ...."

  12. Malakoff Bhd v Collector of Land Revenue [SCM]

      • File size: 42kb

      • Matter: ".... it is contended that the compensation should have been increased .... based on appellant’s valuer’s comparable No. 8, which is the award made by District Land Administrator for the same land .... some 7 months prior to the present acquisition."

  13. K Balasubramaniam v MBf Finance Bhd [FCM]

      • File size: 80kb

      • Matter: ".... questions relate to the respective rights of the 2nd Respondent as Receivers and Managers .... and that of the Appellant, the Court appointed Liquidator .... and .... whether [their] respective rights .... can exist independently of the other ...."

  14. Tanjong Jara Beach Hotel Sdn Bhd v National Union of Hotel, Bar & Restaurant [FCM]

      • File size: 49kb

      • Matter: ".... whether the Industrial Court had jurisdiction to exercise its interpretative power under s. 33(1) of the Industrial Relations Act 1967 in non-compliance proceedings brought under s. 56 ...."

  15. Menara PanGlobal Sdn Bhd v Arokianathan [CAM]

      • File size: 95kb

      • Matter: "The respondent, who was an employee of the appellant, ...., considered that he was dismissed by the appellant without just cause or excuse and hence made representations in writing to the Director General for Industrial Relations ...."

Part 3

• Case No.:

  1. See v Anthony See [CAM]

     • File size: 73kb

     • Matter: "In our judgment the facts of this case clearly demonstrate that the communications between the defendant and the solicitor was not intended to be confidential .... we hold that the defendant had waived the confidentiality and the privilege attached to the legal opinion."

  2. Hamit Matusin v Superintendent of Lands & Survey [CAM]

     • File size: 57kb

     • Matter: "The Plaintiffs, .... sought for a declaration that .... they had acquired [native customary rights] over [lands] .... and were entitled to use and occupy the same. They also claim damages for wrongful deprivation ...."

  3. Pontian United Theatre Sdn Bhd v Southern Finance Bhd [CAM]

     • File size: 47kb

     • Matter: ".... the modern practice is that where a company had a genuine and serious cross claim or counterclaim against the petitioning creditor .... the [winding-up] petition should usually be dismissed or stayed .... [It] is not sufficient for a company facing a winding-up petition to merely aver by affidavit the existence of a meritorious counterclaim."

  4. KDE Recreation Bhd v Low [CAM]

     • File size: 37kb

     • Matter: "an action .... by the respondents, who are the husband and the children of a lady drowned .... in a swimming pool run by the appellant .... We observe that no proper or adequate basis was given by the learned judge for awarding .... RM100,000.00 as general damages."

  5. Setapak Heights Development Sdn Bhd v Tekno Kota Sdn Bhd [CAM]

     • File size: 31kb

     • Matter: "The question can be made more precise in this manner: (a) Whether there was an agreement to terminate, and (b) Whether there was an agreement at the same time that the deposit be forfeited."

  6. Noraini Omar v Rohani Said [CAM]

     • File size: 28kb

     • Matter: "deceased was a married man aged 33 when he died .... [T]he learned Sessions Court Judge found the number of years’ purchase to be eleven and, applying that to a multiplicand of RM500 per month, arrived at RM66,000 for loss of support."

  7. Nanyang Union Sdn Bhd v Gloveline Industries (M) Sdn Bhd [CAM]

     • File size: 47kb

     • Matter: ".... Nanyang’s obligations under the agreement was to install and commission the production line .... Nanyang undertook, .... to ensure that the production line, as installed, was actually capable of producing, per hour, 4,500 rubber examination gloves ...."

  8. Multi-Purpose Holdings Bhd v DGIR [CAM]

     • File size: 54kb

     • Matter: "The appeal before us questions the appellants’ liability to share transfer tax in the sum of RM15,147,847.10 charged on June 29, 1991, to the appellants by the respondent under the Share (Land Based Company) Transfer Tax Act 1984."

  9. Bala Matik v PP [CAM]

     • File size: 65kb

     • Matter: "As rightly pointed out by the learned trial judge, the appellant was in fact retracting the cautioned statement. Evidently, the appellant had resiled from the position taken in the cautioned statement and that he was not involved in the killing ...."

  10. Harinder Singh v Futuristic Builders Sdn Bhd [CAM]

      • File size: 58kb

      • Matter: "Except for the extraction of the Letters of Administration ...., and the entering of the caveat .... no further steps were taken towards achieving the purpose spelt out in the Joint Venture Agreement. Subsequently steps were taken by the Administrator of the Estate to have the caveat .... removed."

  11. Fawziah Holdings Sdn Bhd v Metramac Corporation Sdn Bhd [CAM]

      • File size: 135kb

      • Matter: "There were, .... two issues before the learned judge. One in respect of liability; the other in respect of quantum. He resolved the first in the plaintiff’s favour but refused to award the lump sum claimed by it. He also refused to make any award for future loss ...."

  12. Public Prosecutor v Tan [FCM]

      • File size: 170kb

      • Matter: "The main thrust of these appeals .... relates to the construction of s. 37 of the [Dangerous Drugs Act 1952] in that, whether the presumption of trafficking under s. 37(da) of the Act, can arise out of a presumption of possession under s. 37(d)."

  13. Lee v Public Prosecutor [CAM]

      • File size: 63kb

      • Matter: ".... at the conclusion of the trial and having considered the case as a whole the learned Judge found both the Appellants guilty [of murder] ...."

  14. Lim v Dr Abdul Hamid [CAM]

      • File size: 98kb

      • Matter: ".... rear portion of the bungalow collapsed and .... the bungalow became uninhabitable .... [T]he plaintiffs claimed that the damages to the bungalow .... were due to breach of duty by all the defendants either jointly or severally."

  15. Keluarga Communication Sdn Bhd v Normala Samsudin [CAM]

      • File size: 60kb

      • Matter: "The learned trial judge found the caption and words complained of .... had libeled the plaintiff and awarded the plaintiff general damages in the sum of RM100,000-00, aggravated damages in the sum of RM100,000-00 ...."

Part 4

• Case No.:

  1. All Malayan Estates Staff Union v Rajasegaran [FCM]

     • File size: 85kb

     • Matter: ".... whether the relevant period necessary to satisfy the requirements of .... the Industrial Relations Act 1967 [s.23A(1)] is the eight years and one month during which the Respondent had been admitted and enrolled as an advocate and solicitor or the four years nine months and 22 days when he was in legal practice."

  2. G Krishnasamy Naidu v Public Prosecutor [CA,S'pore]

     • File size: 34kb

     • Matter: "The gravamen of Exception 7 concerns the straightforward question whether “the offender was suffering from such abnormality of mind .... as substantially impaired his mental responsibility for his acts and omissions in causing the death”, and, in our view, is really one composite requirement."

  3. Lim v Borden Co (Pte) Ltd [CA,S'pore]

     • File size: 120kb

     • Matter: "The appellants’ main contention is that on the basis of the undisputed evidence and the unrebutted testimony of SKL, the appellants have proved a prima facie case of oppression or disregard of their interests as minority shareholders of Borden by the respondents."

  4. Malaysian Bar Council v van Buerle [CAM]

     • File size: 66kb

     • Matter: "the appellant held its 59th AGM .... Raising a point of order at the commencement of the meeting, someone in the assembly queried the President of the appellant if there was a quorum .... The President replied that the Bar Council had already decided on the issue and that he was proceeding with the meeting although it had no quorum."

  5. Marina Offshore Pte Ltd v China Insurance Co (Singapore) Pte Ltd [CA,S'pore]

     • File size: 131kb

     • Matter: ".... the judge held that a recommendation made by Capt Goh as to the route to be followed by the vessel .... was a warranty that had to be strictly complied with, failing which no cover was afforded by the policies."

  6. Mariwu Industrial Co (S) Pte Ltd v Dextra Asia Co Ltd [CA,S'pore]

     • File size: 36kb

     • Matter: ".... whether the new evidence should be admitted .... whether the correspondence was admissible in evidence as all the letters between the relevant parties were marked “without prejudice”."

  7. PT Asuransi Jasa Indonesia (Persero) v Dexia Bank SA [CAS'pore]

     • File size: 121kb

     • Matter: "This appeal raises difficult and perplexing legal issues concerning the jurisdiction and powers of arbitral tribunals and their relationship with the supervisory powers of the court, and in particular the powers of the court to set aside an arbitral award or arbitral decisions on matters that form part of or constitute the award."

  8. Swift-Fortune Ltd v Magnifica Marine SA [CAS'pore]

     • File size: 185kb

     • Matter: "This appeal raises important issues relating to the power of a Singapore court to grant Mareva interlocutory relief in aid of “international arbitrations”."

  9. Abdul Rahim v Perdana Merchant Bankers Bhd [FCM]

     • File size: 76kb

     • Matter: ".... whether [Perdana Merchant Bankers] in executing an order to transfer money, had done so in unauthorized manner. It is therefore, necessary to examine the contemporary documents and the oral evidence, with considerable care."

  10. Amarapathi v Muniandy [CAM]

      • File size: 28kb

      • Matter: ".... learned Counsel for the Appellant chose to submit on the provisions of s.88(1) [Law Reform (Marriage and Divorce) Act] to support his contention that the word ‘relative’ appearing in that sub-section empowers us to grant a custody order to the Appellant in her capacity of a foster parent."

  11. The Highland Towers [FCM]

      • File size: 130kb

      • Matter: "appeal is directed at the .... finding that the appellant was 15% liable .... for negligence and nuisance. And the respondents’ cross-appeal is aimed at the Court of Appeal’s decision that their cause of action .... for alleged post-collapse liability lay in the area of public law and not private law."

  12. Jan de Nul NV v Inai Kiara Sdn Bhd [CAM]

      • File size: 46kb

      • Matter: "The main issue .... [is] s.6 [Convention on the Recognition and Enforcement of Foreign Arbitral Awards Act 1985] .... [T]hat since the [governing] law .... [is] Swiss laws .... the arbitration proceeding .... [is not] a domestic arbitration. As such .... it would be mandatory for the suit to be stayed ...."

  13. Metramac Corp Sdn Bhd v Fawziah Holdings Sdn Bhd [FCM]

      • File size: 86kb

      • Matter: "The hearing .... is the motion for leave to appeal .... Respondent raised a preliminary objection to the effect that as the orders have been dissolved .... and the appeal is therefore academic."

  14. Ngeow v Sungei Wang Plaza Sdn Bhd [FCM]

      • File size: 38kb

      • Matter: "Appellant admitted to .... negligence but contended that he was merely carrying out the lawful orders of his superior, .... [H]is defence did not get him anywhere as he was found guilty .... [and] the Respondent dismissed him ...."

  15. Ooi v PP [FCM]

      • File size: 63kb

      • Matter: ".... we wish to state that the issue before us is one of pure law, namely, whether a subsidiary legislation is ultra vires the enabling provision of the parent act."

Part 5

• Case No.:

  1. Leong v QBE Insurance (M) Sdn Bhd [CAM]

     • File size: 62kb

     • Matter: "the appellant’s answer that he had no life insurance was accurate at the time when he gave it. But it was no longer true when the policy was renewed with the mutual consent of both parties. Was he obliged to tell QBE about the life policies before the renewal?"

  2. Meor Atiqulrahman v Fatimah [FCM]

     • File size: 43kb

     • Matter: "Whether the regulations prohibiting the wearing of ‘serban’ by school pupils violate art 11(1) of the Federal Constitution."

  3. Tan v Tan [FCM]

     • File size: 47kb

     • Matter: "I agree entirely with his Lordship’s observation that the Court of Appeal is bound by the doctrine of stare decisis to follow the ‘real danger of bias’ test for recusal adopted by the Federal Court in Majlis Perbandaran Pulau Pinang ... and Mohamed Ezam Mohd Nor ..."

  4. Standard Chartered Bank v KTS Sdn Bhd [FCM]

     • File size: 65kb

     • Matter: "whether under Malaysian law a trust may arise and be relied on as a cause of action against another party when the following requirements are absent (a) there is no intention to create a trust for any person at the time of the execution of the Insurance Policy ..."

  5. Lye v Tan [CAM]

     • File size: 20kb

     • Matter: "... plaintiffs’ portion of the subject land being wholly acquired by the appropriate authority. But their names continued to remain on both the issue and the register documents of title. That is because they were all registered as co-proprietors of undivided shares in the whole of the subject land ... [W]hether the plaintiffs would be entitled to receive the compensation"

  6. Arci Enterprise v Selinsing Mining Sdn Bhd [CAM]

     • File size: 25kb

     • Matter: "Pending the hearing of the main action, certain events occurred ... a partner of the plaintiff firm was adjudicated a bankrupt. About two years later, ... another partner ... was also adjudged a bankrupt. In the meantime, ..., the plaintiff’s business registration expired ... [The] respondents applied to strike out the appellant’s action."

  7. Rimba Muda Timber Trading v Lim [FCM]

     • File size: 41kb

     • Matter: "... it was contended for the appellant that the property in the logged timber could not in law pass to the respondent on the ground that the contract between Chan and the licence holder is illegal being in breach of ... the National Forestry Act 1984."

  8. Booth QC v Attorney General of Malaysia [FCM]

     • File size: 34kb

     • Matter: "The appeal is against the decision of the High Court Kuala Lumpur refusing the application of an ad hoc admission of the appellant, Cherie Booth QC to the Malaysian Bar pursuant to s 18(1) of the Legal Profession Act 1976 (‘the LPA’) for the purpose of appearing in two Federal Court appeals"

  9. Ishak Shaari v Public Prosecutor [CAM]

     • File size: 31kb

     • Matter: "This is therefore glaringly a case where the accused had used his position as a religious teacher to attempt to satisfy his carnal desires."

  10. Abdul Rahim v Perdana Merchant Bankers Bhd [FCM]

      • File size: 75kb

      • Matter: "... whether the first respondent a financial institution in executing an order to transfer money, had done so in unauthorized manner."

  11. Public Prosecutor v Abdul Manaf [FCM]

      • File size: 61kb

      • Matter: "In the present case, the drug was carried in small plastic packets each containing small quantity of the drug. According to the evidence, 39.77grammes of heroin was found in a number of small plastic packets tucked in his waist, ..."

  12. Dr Mohd Nazir v Minister for Home Affairs [CAM]

      • File size: 68kb

      • Matter: "An application was then made to the Registrar of Societies to register themselves as a political society. The ROS declined to grant registration at national level. But he was prepared to grant registration in the State of Selangor. Dissatisfied with the result the appellant appealed to the respondent, the Minister for Home Affairs. The appeal was dismissed."

  13. Hazlinda Hamzah v Kumon Method Learning Centre [CAM]

      • File size: 24kb

      • Matter: "The respondent runs a tuition centre. The appellant put her three children in it. Like many parents she wanted her children’s English and Mathematics to improve: ... But she found the services rendered by the respondent to be wanting. She was very disappointed."

  14. Law Society of Singapore v Dave Tan [CAS'pore]

      • File size: 68kb

      • Matter: "an application by the Law Society of Singapore pursuant to s 94(1) read with s 98 of the Legal Profession Act (Cap 161, 2001 Rev Ed) for the respondent to show cause as to why he should not be dealt with under s 83(2)(e) of the Act."

  15. Mohammad Jailani v Deputy Home Minister [FCM]

      • File size: 44kb

      • Matter: "In Mohd Faizal Haris ..., this court held that a writ of habeas corpus must be directed against the current detention order ... Thus, any illegality in the prior arrest and detention cannot be the subject matter of inquiry ... [W]hether such a result would also extend to any irregularities in the making of the current detention order."

Part 6

• Case No.:

  1. Harinder Singh v Futuristic Builders Sdn Bhd [CAM]

     • File size: 60kb

     • Matter: "The memorandum of appeal contains seven grounds ... but they can be generalized into two main issues which are the invalidity or otherwise of the JVA and the nature of remedies if any to be given to the Plaintiff."

  2. QSR Brands Bhd v Securities Commission of Malaysia [CAM]

     • File size: 38kb

     • Matter: "The existence of an alternative remedy does not automatically and without more oust the court’s judicial review jurisdiction. The proper approach is for the judicial review court to take into account the availability of the alternative remedy ..."

  3. Sri Lanka Cricket v World Sport Nimbus Pte Ltd [CAM]

     • File size: 24kb

     • Matter: "the award in the present case ... is commercial in nature ... More importantly, ... there is no Gazette Notification [s 2(2)] ... [W]hether that prevents the enforcement of the award ... [T]he arbitration was conducted, and the award made, in Singapore. The plaintiff (respondent) sought to enforce that award in Malaysia ..."

  4. Teruntum Theatre Sdn Bhd v Director General of Inland Revenue [CAM]

     • File size: 42kb

     • Matter: "after having assessed the appellant for real property gains tax under the Real Property Gains Tax Act 1976, and upon payment of the sum assessed and a certificate of clearance issued, whether the respondent could vacate the assessment and re-assess the appellant for income tax on the same receipt as a trading gain."

  5. Luxor Holdings Sdn Bhd v Hainal-Konyi (M) Sdn Bhd [CAM]

     • File size: 77kb

     • Matter: "The learned counsel for the appellant submitted that the contract is illegal because it contravened the Registration of Engineers Act 1967."

  6. Dungun District Council v Tenaga Nasional Bhd [CAM]

     • File size: 156kb

     • Matter: "The respondent owns and operates the Sultan Ismail Paka Power Station situated within the jurisdiction of the appellant ... The appellant’s claim against the respondent is for the recovery of arrears of rate imposed on the said holding ..."

  7. Sou v Yuzin [CAM]

     • File size: 60kb

     • Matter: "Because the respondent failed to sign the sale and purchase agreement as envisaged in the last sentence of the subject letter, and contending that the subject letter constituted a binding contract, the appellant, ... sought ... a declaration that the subject letter ‘is valid and subsisting’ and an order of specific performance of the contract."

  8. Hasmah v Kenny Chua [CAM]

     • File size: 30kb

     • Matter: "Learned counsel for the respondent ... submit that it was incumbent upon the appellant to prove that the primary object of the sale and purchase agreement entered into between the parties was to practise deception upon the provisions of the law."

  9. 

     • File size: kb

     • Matter: ""

  10. Kheamhuat Holdings Sdn Bhd v The Indian Association, Penang [CAM]

      • File size: 112kb

      • Matter: "The MOU envisage an agreement to be concluded between the parties and that agreement to be binding on the parties and not the MOU. For that reason I find that the learned judge was correct in concluding that the MOU was not a legally binding contract."

  11. Azizi v Hizzam [CAM]

      • File size: 53kb

      • Matter: "... Mr. Brijnandan submitted that the court must accept the man as he is, that is, that he is suffering from 4cm shortening of the left leg and that the court ought to make an award on that basis. However, the learned judge found that it was not a fair submission to make and went on to state that a tortfeasor is only liable for the actual and related consequential suffering ..."

  12. Khidmas Capital Sdn Bhd v NRB Holdings Ltd [CAM]

      • File size: 26kb

      • Matter: "The plaintiff became afraid that the first defendant would dissipate its assets it owns across the globe to frustrate any judgment that may be obtained. So, it moved ex parte for an injunction freezing the defendant’s assets worldwide."

  13. Gunalan v Public Prosecutor [FCM]

      • File size: 46kb

      • Matter: "Having read the judgment of the learned judge, I agree with the learned counsel for the accused that the learned judge did not at all consider the consequence of the joint charge. He only dealt with the issue of common intention."

  14. Latifah v Rosmawati [CAM]

      • File size: 90kb

      • Matter: "... ‘whether the monies in the joint accounts .... are the property of the caveator, such monies having been the subject of gifts inter vivos recognisable in Islamic law as ‘hibah’ by the deceased to the caveator’."

  15. Kenneth Lee v Public Prosecutor [FCM]

      • File size: 111kb

      • Matter: "During the trial, the sole defence relied upon by the appellant was automatism by reason of hypoglycaemic attack at the time of the incident. But that defence did not find favour with the learned trial judge. Instead, the learned trial judge considered the probable defence of intoxication."