Part 1

• Case No.

  1. Kathavarayan v PP [CAM]

     • File size: 45kb

     • Matter: "The appellant was charged ... with an offence of trafficking of dangerous drugs under s. 39B(1)(a) of the Dangerous Drugs Act 1952 ..."

  2. The Vasiliy Golovnin [CASg]

     • File size: 256kb

     • Matter: "The appeal concerns the decision to set aside the warrant of arrest and strike out the writ in rem."

  3. Wan Muhamad Ibrisam v Opal Pyramid Sdn Bhd [CAM]

     • File size: 30kb

     • Matter: "the senior assistant registrar's order allowing the first to the fourth defendants' application for security for costs was reinstated"

  4. Mohammed Ali Johari v PP [CASg]

     • File size: 406kb

     • Matter: "appellant argued that the Judge erred by deciding that the alleged molestation had a limited bearing on the charge of murder and that there should have been a finding as to whether the appellant was responsible for molesting the deceased and had killed her to cover up his acts"

  5. Robert F.C. Cheah v Board of Engineers, Malaysia [CAM]

     • File size: 28kb

     • Matter: "Due to some complaints by Mindef, the Board of Engineers, Malaysia (the respondent) commenced disciplinary proceedings against the appellant. The appellant was charged for contravening rule 25 of Part IV (Code of Professional Conduct) of the Registration of Engineers Rules 1972"

  6. H.L. Tan v Chief Assessor [CASg]

     • File size: 136kb

     • Matter: "his case centred on the correct amount to be excluded from the total monthly rental (“gross rental”) in the ascertainment of the annual value (for taxation purposes) of the subject property."

  7. Megat Halim v PP [CAM]

     • File size: 35kb

     • Matter: "It is also our view, the admissibility of this piece of evidence is a question of fact, as found by the trial judge, should not be interfered at this appellate stage"

  8. T.Q. v T.R. [CASg]

     • File size: 158kb

     • Matter: "We felt that the interests of the two daughters would be best served if they were cared for by their mother in Singapore. We did not think it wise to uproot them at this early stage of their lives."

  9. Penang Port Commission v Kanawagi [CAM]

     • File size: 65kb

     • Matter: "The defendant ... ventilated that the plaintiff's conduct in filing the ... originating summons amounts to multiplicity of proceedings and is clear defiance of CA Coram 1's order relating to the triable issue ... and so is an abuse of the process of the court"

  10. Ambank (M) Bhd v Raymond K.Y. Yong [CASg]

      • File size: 98kb

      • Matter: "after a period of almost six years, the Malaysian Judgment was registered in Singapore under the provisions of the Reciprocal Enforcement of Commonwealth Judgments Act. This was followed by a further period of utter inactivity of almost 12 years"

  11. MBf Cards Services Sdn Bhd v A.T. Chew [CAM]

      • File size: 39kb

      • Matter: "an appeal from the subordinate court is not "brought" until the notice of appeal is filed, whence it will be endorsed and the endorsed notice is served"

  12. Phebe H.C. Lian v Maxz Universal Development Group Pte Ltd [CASG]

      • File size: 88kb

      • Matter: "... an important change made to the then Companies Act which abolished ... par value and authorised share capital, ... whether, and if so how, the repeal ... affects the interpretation of Art 32 of MDG’s articles of association."

  13. Manokaram v Ranjid [FCM]

      • File size: 46kb

      • Matter: "Can leave of the court be granted to a party in a petition to proceed with a claim for property division under section 76 and/or under any provision of the Law Reform (Marriage and Divorce) Act 1976 after decree nisi has been made absolute"

  14. C.I. Gay v Terence P.S.T. Loh [CASg]

      • File size: 214kb

      • Matter: "The key inquiry, having regard to the events that transpired and led to the present proceedings as mentioned above, was whether or not the [Pooints of Agreement] and the Waiver Letter constituted a valid compromise agreement between the parties."

  15. Anthony T.G. See v T.C. See [FCM]

      • File size: 64kb

      • Matter: "This appeal raises important questions pertaining to the extent of professional privilege in s. 126 of the Evidence Act 1950"

Part 2

• Case No.

  1. Savant-Asia Sdn Bhd v Sunway PMI-Pile Construction Sdn Bhd [FCM]

     • File Size: 46kb

     • Matter: "Both the appellant and the solicitors deny that there was malicious intention on their part on the grounds that there was a legal duty on their part to proceed with the advertisement of the petition notwithstanding the settlement of the debt by the respondent"

  2. Virtual Map (Singapore) Pte Ltd v Singapore Land Authority [CASg]

     • File Size: 72kb

     • Matter: "VM contended that no leave of the court pursuant to s 34(2)(a) of the SCJA was required for its appeal against the Judge’s decision."

  3. Generation Products Sdn Bhd v Klang Municipal Council [FCM]

     • File Size: 60kb

     • Matter: "The rates which are payable under [the Local Government Act 1976 s.133] had been in arrears ... The appellant received a notice from the respondent to pay up ... [T]he respondent imposed upon the appellant "fees" of 2% for every amount unpaid ..."

  4. F.H. Eng v Attorney General [CASg]

     • File Size: 59kb

     • Matter: "The appellants, who are devotees of the Jin Long Si Temple ..., sought a declaration in the court below that the acquisition of the temple property by the Collector of Land Revenue violated Art 12 of the Constitution"

  5. Bank Utama (Malaysia) Bhd v Insan Budi Sdn Bhd [CAM]

     • File Size: 138kb

     • Matter: "The crux of the plaintiff's claim against the defendant was for breach of contract and negligence by the defendant as banker to fulfil their contractual obligation and duty of care to the plaintiff as their customer in respect of an international trade facility"

  6. Yamashita Tetsuo v See Hup Seng Ltd [CASg]

     • File Size: 217kb

     • Matter: "At first instance, the district judge held that, on a true construction of the Deed, the SHSH Convertible Loan was repayable in full, except that at least 25% of the repayment should take the form of conversion into shares"

  7. Golden Hope Plantations (Peninsular) Sdn Bhd v Saraswathy [CAM]

     • File Size: 44kb

     • Matter: "this appeal arose from the decision of the Segamat labour officer, ordering Golden Hope Plantations (Peninsular) Sdn Bhd to pay the respondent ("the employee") a sum of RM250.08 in lieu of the 16-day annual leave"

  8. Westacre Investments Inc v Jugoimport SDPR [CASg]

     • File Size: 106kb

     • Matter: "The first was that the English Judgment constituted in substance an implied contract and, since more than six years had passed since the date on which that judgment was delivered, an action founded on it was time-barred"

  9. Suwiri Sdn Bhd v Sabah [FCM]

     • File Size: 30kb

     • Matter: "Contrary to what had been indicated by the Secretary of Land Revenue, the respondent instead of renewing the extension [of the Timber Licence], decided to issue a new licence to the appellant reducing the concession area ..."

  10. Children's Media Ltd v Singapore Tourism Board [CASg]

      • File Size: 19kb

      • Matter: "The proceedings had arisen out of the failure on the part of the appellants to stage a mega event known as “Listen Live” in Singapore, for which the respondent had paid sums totalling $6,155,250"

  11. HSBC Bank Malaysia Bhd v T.B. Wong [CAM]

      • File Size: 23kb

      • Matter: "Some 27 years later ... the defendants' solicitor issued a notice making demand of the aforesaid sum pursuant to s. 218 of the Companies Act 1965"

  12. C.W. Kok v Wiener [CASg]

      • File Size: 104kb

      • Matter: "In those proceedings, the Judge dismissed the applications of 40 minority subsidiary proprietors to set aside the order of the Strata Titles Board approving the application of the sales committee"

  13. Malaysia British Assurance Bhd v Sykt Pembenaan Karun Sdn Bhd [CAM]

      • File Size: 54kb

      • Matter: "Under the policy, the appellant agreed to indemnify the in respondent for loss and damage in respect of each and every occurrence of, inter alia, earthquake, volcanism, tsunami, storm, hurricane, cyclone, flood, inundation, any water damage, collapse ..."

  14. B.Y. Eu v K.H. Ewe [CAM]

      • File Size: 150kb

      • Matter: "the appeal ... concerns the decision of the High Court in allowing the respondent's claim to probate in respect of the alleged will of Eu Chin Eow, ... and in refusing the appellants' counterclaim that the alleged will is invalid"

  15. Meidi (M) Sdn Bhd v Meidi-Ya Co Ltd [CAM]

      • File Size: 68kb

      • Matter: "The 1st defendant uses the trade mark "Meidi-ya FRESH BAKERY" together with the logo of stalks of wheat being blown in the wind on its goods."

Part 3

• Case No.:

  1. Sentul Raya Sdn Bhd v Hariram [CAM]

     • File size: 29kb

     • Matter: "It is the appellant's case that time was at large once the date for it to deliver vacant possession had passed. If any of the respondents wish to make time of the essence once more it is incumbent upon each of them to give notice in that behalf under s. 56(3) of the Contracts Act 1950."

  2. PP v U.I. [CASg]

     • File size: 163kb

     • Matter: "In our view, whilst sentencing precedents technically have no binding effect, the Judge’s approach raised an important issue as to the extent to which a lower court is entitled to disregard established sentencing precedents, especially where such precedents have been established by this court."

  3. C.F. Tay v Tengku Mohd Saad [CAM]

     • File size: 219kb

     • Matter: "The 1st defendant contended that it was agreed between the deceased and him that in the management buy-out of the H & C subsidiaries, any shares personally allotted to or personally acquired by the deceased were to be divided equally between the deceased and him as consideration to his goodself for arranging the participation of BRUG in the transaction"

  4. 

     • File size: kb

     • Matter: ""

  5. Tiong Nam Trading & Transport (M) Sdn Bhd v Commercial Union Assurance (Malaysia) Sdn Bhd [CAM]

     • File size: 88kb

     • Matter: "The learned trial judge has clearly misdirected himself in concluding that the settlement reached between the defendant and the plaintiff needed the consent of the 2nd third party based on the decision in [Post Office v Norwich Union Fire Insurance Society Ltd [1976] 2 QB 363]."

  6. Yusuf Awang v Mayor of Shah Alam City Hall [FCM]

     • File size: 32kb

     • Matter: "Whether the Regulation 10 of the Essential (Clearance of Squatters) Regulations 1969 is subject to or inconsistent with section 72 of the Street Drainage and Building Act 1974 and section 30 of the Town and Country Planning Act 1976 and therefore renders the 7 day notice issued under that regulation without first complying with s. 72 and s. 30 null and void"

  7. W.C. Yee v PP [CAM]

     • File size: 37kb

     • Matter: "At the close of the case for the prosecution the learned judge held that a prima facie case of trafficking had not been made out on the first charge. He accordingly reduced the first charge to one of possession ... At the conclusion of the whole case, the accused was convicted and sentenced ... The public prosecutor being dissatisfied with the reduction of the charge has appealed"

  8. BNP Paribas v Jurong Shipyard Pte Ltd [CASg]

     • File size: 47kb

     • Matter: "We now elaborate on why it was wrong of BNP to have threatened to resort to winding-up proceedings against JSPL in order to recover a contested debt instead of accepting the security offered by JSPL pending the resolution of BNP’s claim through court proceedings"

  9. K.C. Chai v Inspector General of Police [FCM]

     • File size: 20kb

     • Matter: "Is it in accordance with the rules of natural justice that the applicant be denied all the materials contained in the investigation papers whilst the same were supplied to the Inspector General of Police who is the disciplinary authority"

  10. Clifford Development Pte Ltd v Commissioner of Stamp Duties [CASg]

      • File size: 90kb

      • Matter: "Commissioner replied to PwC informing the latter that the application for stamp duty relief under s 15(1)(a) of the Act for the proposed reconstruction exercise was not approved and that ad valorem stamp duty had to be paid on the transfer of the subject properties"

  11. Development & Commercial Bank Bhd v W.H. Liew [CAM]

      • File size: 18kb

      • Matter: "The defendant's complaint in this appeal may be ... summarised thus. Kang had no money in his account. The cheques he gave the plaintiffs were therefore worth nothing. The plaintiffs should therefore receive only nominal damages. Awarding the plaintiffs the full value of the worthless cheques would amount to punishing the defendant. This line of argument is without merit for several reasons."

  12. 

      • File size: kb

      • Matter: ""

  13. Dream Property Sdn Bhd v Atlas Housing Sdn Bhd [CAM]

      • File size: 125kb

      • Matter: "One of the terms and conditions of the agreement provides that, the plaintiff shall be given nine months from the date of the said agreement to relocate a Chinese school built on the said property, ... in order to hand over vacant possession of the said property to the defendant"

  14. G.H. Ng v Westcomb Securities Pte Ltd [CASg]

      • File size: 229kb

      • Matter: "On the one hand, we will need to consider the relationship between implied terms and what are commonly called “entire agreement clauses”. On the other, we will need to consider whether or not a term based on the doctrine of good faith can be implied into a contract."

  15. International Bank Malaysia Bhd v Lovintih Balantai [CAM]

      • File size: 177kb

      • Matter: "YKS approached the deceased and introduced to him a plan to develop the said land ... YKS represented to the deceased that being a non-native, he cannot purchase the said land, ... and neither can he be an attorney for the deceased. As such he proposed that his employee, Naman be appointed as attorney"