Part 1

• Case No.

  1. Hock Chnay Sdn Bhd v K.M. Kong [CAM]

     • File size: 26kb

     • Matter: "In our view the learned judge had erroneously ignored the appellant’s statement that the amount of money had been paid earlier. He also failed to give a proper construction to cl 2(a) in not heeding that the respondent had acknowledged receipt of the said sum of money"

  2. T.N. Yap v H.L. Yap [FCM]

     • File size: 22kb

     • Matter: "Whether a citation under O 72 r 7 [Rules of the High Court 1980] can be issued against a representative of the deceased holding a grant of a letter of administration merely by filing a praecipe together with an affidavit verifying the facts ..."

  3. A.S. Lee v Public Prosecutor [FCM]

     • File size: 89kb

     • Matter: "The credibility of a witness is primarily for the trial judge. An appellate court should always be slow in disturbing such finding of fact arrived at by the judge ..., unless there are substantial and compelling reasons"

  4. Malaysian Bar Council v Malaysia [FCM]

     • File size: 149kb

     • Matter: "the Bar Council (‘plaintiff’) prayed for ‘a declaration that the appointment of Dr Badariah Sahamid as a judicial commissioner of the High Court of Malaya is null and void and of no effect on the ground that the said appointment is in contravention of art 122AB read together with art 123 of the Federal Constitution"

  5. Subashini v Saravanan [FCM]

     • File size: 300kb

     • Matter: "The husband converted himself and the elder son to Islam ... Later, the wife received a notice ... from the Registrar of the Syariah High Court Kuala Lumpur informing her that her husband had commenced proceedings in the Syariah High Court for the dissolution of the marriage and custody of the elder son ..."

  6. Woolley Development Sdn Bhd v Mikien Sdn Bhd [CAM]

     • File size: 64kb

     • Matter: "this appeal is concerned with the rights and interest of a victim of an abandoned project as against firstly, the original developer from whom the properties had been purchased ..., and secondly, as against a rehabilitating developer who has taken over ..."

  7. Telekom Malaysia Bhd v Ramli Akim [CAM]

     • File size: 36kb

     • Matter: "Under the reorganisation, the respondent was emplaced as Assistant Manager with a monthly salary of RM3,042 ... To the respondent, his placement as an Assistant Manager was a demotion"

  8. Co-operative Central Bank Ltd v KGV & Associates Sdn Bhd [FCM]

     • File size: 41kb

     • Matter: "The claim is founded on negligence. The appellant alleged that the respondent had negligently prepared the Valuation Report for the Property which was relied on by the appellant in granting the loan ..."

  9. MBf Insurans Sdn Bhd v FELCRA [CAM]

     • File size: 73kb

     • Matter: "In my judgment, what the first sentence in this endorsement means is this. The appellant will be liable on the guarantee until 14 June 1991. If anything happens after that date no liability attaches. Next, what does the second sentence mean? It may mean one of three things."

  10. John Nyumbei v PP [CAM]

      • File size: 32kb

      • Matter: "It was not disputed that the appellant had perpetrated this heinous crime [of murder]. The only issue now before us was whether the appellant had successfully raised a defence of insanity ..."

  11. Selvaraju v Public Services Commission [FCM]

      • File size: 41kb

      • Matter: "... the appellant was making a collateral challenge by filing the writ and statement of claim to declare that his dismissal was null and void because the detention order used against him was not valid."

  12. Joceline P.C. Tan v V. Muthusamy [FCM]

      • File size: 44kb

      • Matter: "To be qualified for absolute privilege under [the Defamation Act 1959, s.11(1)] a report has to be, ... the report of proceedings publicly heard before a competent court."

  13. Sri Bangunan Sdn Bhd v Penang Municipal Council [FCM]

      • File size: 66kb

      • Matter: "appellant ... is urging this Court to uphold the decision of the High Court by adopting the purposive approach in interpretation ... and by ... causus omissus in view of the fact that Parliament has not provided for a situation where an applicant for planning permission is dissatisfied with a written direction ..."

  14. Latifah v Rosmawati [FCM]

      • File size: 101kb

      • Matter: "Whether the monies in the joint accounts of Mr. Sharibun Wahab and Latifah Mat Zin in Standard Chartered Bank Bhd and Bumiputra Commerce Bank Bhd are the property of the Caveator, such monies having been the subject of gifts inter vivos recognizable in Islamic law as hibah" ...

  15. Public Prosecutor v Abdul Rahman [FCM]

      • File size: 46kb

      • Matter: "Gopal Sri Ram JCA, delivering judgment of the Court of Appeal, stated that the main issue in the appeal was directed at the admission of the cautioned statement allegedly made voluntarily by the respondent two days after his arrest."

Part 2

• Case No.

  1. Al-Rashidy Kassim v Rosman Roslan [FCM]

     • File size: 40kb

     • Matter: "whether the beneficiaries of the deceased person without first obtaining the Letters of Administration have a locus standi to commence an action to protect and to regain the land which has been fraudulently obtained by an outsider"

  2. Che Omar v Public Prosecutor [FCM]

     • File size: 41kb

     • Matter: "Before us, learned counsel for the appellant argued that the crime of murder was mitigated by the fact that the act of killing was contributed by gradual and accumulated provocation and the act of killing was a reaction rather than an action done in the heat of moment"

  3. Board of Engineers v P.K. Leong [CAM]

     • File size: 236kb

     • Matter: "[the respondent] applied for an order of Mandamus to direct the appellant, the respondent in the court below, to reinstate the applicant as a professional engineer registered with the Board of Engineers, Malaysia, and for the order of the Board of Engineers dated 9 October 2000 be quashed"

  4. S.K. Lau v Terence Yeo [CASg]

     • File size: 247kb

     • Matter: "Given the increasing number of disputes involving the joint ownership of property, particularly between spouses, a clear articulation and understanding of the law governing the proprietary rights of co-owners is now more relevant than ever before."

  5. Abdul Rahman v Mayor of Kuala Lumpur [CAM]

     • File size: 78kb

     • Matter: "appellants sought to challenge an administrative decision taken by the first respondent (i.e., Mayor of Kuala Lumpur) in connection with a proposed burial ground neighbouring the appellants' condominium"

  6. PP v W.H. Seow [CAM]

     • File size: 67kb

     • Matter: "respondent was charged with trafficking in dangerous drugs ... the learned judge held that the prosecution failed to establish a prima facie case ... the Public Prosecutor appealed"

  7. PP v W.H. Chan [CAM]

     • File size: 83kb

     • Matter: "It is clear from a scrutiny of the abovementioned paragraphs that the Sessions Court judge had satisfied himself that the child witness of seven years did not comprehend the oath and thereafter embarked on a process of ascertaining the child's level of understanding."

  8. Ngiu-Kee Construction (M) Bhd v Pan-Pacific Construction Holdings Sdn Bhd [CAM]

     • File size: 254kb

     • Matter: "petitioner ... took out the present petition praying for an order that Ngiu-Kee Corporation sell their 70% shareholding in Pacific-Ngiu Kee Sdn Bhd at a fair and commercial price or for the company to be wound up."

  9. PP v Norman Ismail [CAM]

     • File size: 27kb

     • Matter: "prosecution's application ... [under the Courts of Judicature Act 1964 s.56A], seeking a warrant directing that the respondent be arrested and brought before this court so as to remand him to prison pending the disposal of the prosecution's appeal by this court"

  10. PP v K.H. Kwong [CASg]

      • File size: 67kb

      • Matter: "The respondent, ... was charged with attempting to commit culpable homicide ... for pushing his ex-girlfriend into the path of an oncoming train ... he pleaded guilty ...  one year’s imprisonment and backdated ... As a result, the respondent was released on the same day. ... the Prosecution subsequently appealed ... The sentence ... was substituted with a sentence of three years’ imprisonment"

  11. Asean Security Paper Mills Sdn Bhd v Mitsui Sumitomo Insurance (Malaysia) Bhd [FCM]

      • File size: 62kb

      • Matter: "In an application for a review by this court of its own decision, the court must be satisfied that it is a case that falls within the limited grounds and very exceptional circumstance in which a review may be made"

  12. RDC Concrete Pte Ltd v Sato Kogyo (S) Pte Ltd [CASg]

      • File size: 170kb

      • Matter: "tests were conducted on the specific strength of the concrete supplied by the Defendant and it was found that there was an unacceptable amount of cube failure. As a result, ..., the LTA instructed the Plaintiff to suspend the Defendant’s concrete supply for structural elements"

  13. K.S. Choong v K.K. Choong [CAM]

      • File size: 54kb

      • Matter: "The appellant claimed that he purchased the subject properties but had them registered in his mother's name upon his father's request. The appellant claimed that the deceased held the properties in trust for him"

  14. Murakami Takako v Wiryadi Louise Maria [CASg]

      • File size: 81kb

      • Matter: "After the death of the appellant’s mother, the testator married one Louise Maria Wiryadi, the first respondent. This second marriage bore two children"

  15. Ali Abdul Kadir v Simpang Empat Plantation Sdn Bhd [FCM]

      • File size: 43kb

      • Matter: "Simpang Empat then filed a writ against the first four appellants i.e., MBf Finance Bhd and the receivers and managers claiming that the receivers had no power of sale over the said plantation. Simpang Empat also asked for an injunction"

Part 3

• Case No.

  1. Ta Wu Realty Sdn Bhd v DGIR [CAM]

     • File size: 47kb

     • Matter: "the first respondent issued the notice of assessment Form J for the assessment of income tax for year 1998, despite the objection by the appellant that the land was only subject to real property gains tax and not income tax"

  2. Plan Assure PAC v Gaelic Inns Pte Ltd [CASg]

     • File size: 161kb

     • Matter: "an appeal by PlanAssure PAC against the decision of the trial judge awarding judgment to Gaelic Inns Pte Ltd for the sum of $775,266.02 as damages for negligence in respect of audits performed by the appellant"

  3. TNB v Teobros Development Sdn Bhd [CAM]

     • File size: 132kb

     • Matter: "the appellant is a public listed company licensed under the Electricity Supply Act 1990 to carry out the business of supplying electricity in Malaysia and has a right to enter private land to erect pylons for their electricity transmission lines provided that they comply strictly with the requirements of the said Act"

  4. JSI Shipping (S) Pte Ltd v Teofoongwonglcloong [CASg]

     • File size: 199kb

     • Matter: "This judgment clarifies and restates the law of professional negligence in the context of statutory audits"

  5. Board of Engineers v P.K. Leong [FCM]

     • File size: 140kb

     • Matter: "the respondent clearly acknowledged the deficiencies in the design of the linkway bridge and supervision of the construction works"

  6. Rayney K.L. Wong v Law Society of Singapore [CASg]

     • File size: 89kb

     • Matter: "an appeal by Rayney Wong ... against the decision of V K Rajah J dismissing his application for leave to apply for judicial review of certain decisions of the disciplinary committee appointed by the Law Society of Singapore"

  7. Bumiputra-Commerce Bank Bhd v Top-A Plastic Sdn Bhd [CAM]

     • File size: 95kb

     • Matter: "The action that was instituted by the respondent against the defendant was based on contractual and tortious liability on account of the cheques issued by the plaintiff's company being dishonoured by the defendant being a bank"

  8. Bank of Austria Creditanstalt AG v G.D. Yap [CASg]

     • File size: 34kb

     • Matter: "an application by the respondent to strike out the appellant’s notice of appeal on the ground that the appeal does not arise out of any order by the trial judge in Summons No 2109 of 2007"

  9. Sabah (Min of Finance) v Petrojasa Sdn Bhd [FCM]

     • File size: 104kb

     • Matter: "The respondent is merely seeking the assistance of the court to get the State Government to satisfy the judgment sum"

  10. Creanovate Pte Ltd v Firstlink Energy Pte Ltd [CASg]

      • File size: 125kb

      • Matter: "The crux of the appellants’ case was that the advances of $4.26m to Creanovate were for the purposes of the intended coal business in Indonesia. It is true that the Judge did not ... make a determinative finding that the coal investment was a sham"

  11. K.H. Lian v W.F. Ow [CASg]

      • File size: 106kb

      • Matter: "This appeal raised interesting issues about the commencement of the limitation period in relation to a claim for breach of contract that purportedly resulted in latent damage"

  12. K.S. Siaw v S.Y. Siew [CAM]

      • File size: 24kb

      • Matter: "First, that the plaintiff was a mere trustee ... This averment was based upon an assignment allegedly executed by the plaintiff in the defendants' favour ... The second defence taken was that the plaintiff had indeed signed the memorandum of transfer"

  13. Indian Corridor Sdn Bhd v Golden Plus Holdings Bhd [CAM]

      • File size: 70kb

      • Matter: "they issued a requisitionists' notice to the respondent. The purpose of the meeting was to remove the directors of the respondent and to appoint others in their place"

  14. Che Minah v Besut Land Administrator [CAM]

      • File size: 56kb

      • Matter: "I am of the view that it was not open for litigants to dictate the religious faith of the judges who should be empanelled to hear a particular appeal"

  15. Microsoft Corporation v W.H. Yong [CAM]

      • File size: 36kb

      • Matter: "appeal is directed against the order of the High Court dismissing the appellant's summons for judgment and granting the respondent unconditional leave to defend the action"