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Part 1

  • Case No.

    1. Lim v Public Prosecutor [CAM]

      • File size: 99kb

      • Matter: "Wide publicity was also given to the allegation that Rahim had had sexual relations with a girl below the age of 16 years. The truth of this allegation was never tested in a court of law ... [The] Attorney General in ... made a public statement to the effect that there was insufficient evidence ..."

    2. Sugumar v Director of Immigration, Sabah [CAM]

      • File size: 152kb

      • Matter: "... it was important to the appellant that he, in the words of the Act, belongs to Sabah. It would mean that he can enter the State freely and reside there permanently. Otherwise, he would require a permit or pass under s 66 of the Act to enter Sabah."

    3. Electro Cad Australia Pty Ltd v Mejati RCS Sdn Bhd [HCM]

      • File size: 110kb

      • Matter: "... the agreement deals with the first defendant’s obligation to keep all technical information, specification and any other information including any updates, improvements and amendments thereto received and obtained from the plaintiffs strictly confidential ..."

    4. Takang Timber Sdn Bhd v Sarawak [HCSS]

      • File size: 22kb

      • Matter: "The application to intervene is made after the judgment was delivered. The final order has been perfected and extracted. The court is functus officio once judgment on the merits of the case had been pronounced and the order perfected ..."

    5. Chong v Lebbey Sdn Bhd [CAM]

      • File size: 110kb

      • Matter: "the 30 appellants here were among more than a hundred other people occupying houses built on the said land. Negotiations had taken place between the respondent and the occupiers after the alienation as the respondent was keen to develop the said land ..."

    6. Kredin Sdn Bhd v OCBC Bank (M) Bhd [FCM]

      • File size: 41kb

      • Matter: "In the result, we would answer the preliminary point of Law in favour of the Respondent; that is to say, that in a civil cause or matter, leave to appeal from the Court of Appeal to the Federal Court is a matter of discretion and not of right."

      • File size: kb

      • Matter: ""

    8. Ong v Seah [CAM]

      • File size: 123kb

      • Matter: "The learned trial judge gave decision in favour of the respondent and ordered, inter alia, one half undivided share in the three lots of land ... be registered in the name of the respondent. It was also ordered that the first appellant to pay costs and damages ..."

    9. Honan Plantations Sdn Bhd v Johore [CAM]

      • File size: 37kb

      • Matter: "The gist of the appellant’s complaint is that the subject property was acquired contrary to law in the sense that the acquisition was ultra vires or vitiated on ‘Anisminic’ grounds or for ‘Wednesbury unreasonableness’ ..."

    10. Chuah v Malayan Banking Bhd [FCM]

      • File size: 73kb

      • Matter: "appeal raises difficult and complicated questions of law between a borrower of money for the payment of the purchase price of some land which he had bought by agreement and the lender of the said money to whom the borrower had assigned his rights, title and interest in the said land to the lender ..."

    11. Swedish Motor Assemblies Sdn Bhd v Mohd Ison Baba [CAM]

      • File size: 39kb

      • Matter: "the appellant purported to terminate the respondent’s services by giving him three months’ notice. Later, ... the parties entered into a written agreement under which the respondent resigned from the employment of the appellant ..."

    12. Lim v Astana Strategi (M) Sdn Bhd [HCM]

      • File size: 70kb

      • Matter: "When time is of the essence in a sale and purchase agreement and the completion date falls on a Sunday, is that day to be excluded in computing the date of completion of the agreement?"

    13. Pilba Trading & Agency v South East Asia Insurance Bhd [HCSS]

      • File size: 43kb

      • Matter: "However, the repairs took about 59 days ... [The] appellant was deprived of the use of the vehicle for the duration the vehicle was in the workshop, and it used the services of a taxi to get about its work."

    14. Teh v Inspector General of Police [FCM]

      • File size: 55kb

      • Matter: "What is the correct procedure for a police officer dismissed by a disciplinary body to challenge the decision, i.e. whether by way of declaration or certiorari or either."

    15. Anvest Corp Sdn Bhd v Wong Siew Choong Sdn Bhd [CAM]

      • File size: 68kb

      • Matter: "The learned judge found as a fact that the appellant was not the purchaser of the said land and that there was no privity of contract at any time between the appellant and the respondent. He accordingly dismissed the appellant’s claim."
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Part 2

  • Case No.:

    1. Sababumi (Sandakan) Sdn Bhd v Yap [FCM]

      • File size: 149kb

      • Matter: "This appeal raises two interesting but complicated questions of law, one relating to the implied terms of a contract and the other, illegality of contract."

    2. Laksamana Realty Sdn Bhd v Yeo [HCM]

      • File size: 78kb

      • Matter: "His conviction of an undisturbed stay in that building, was vindicated and fully justified, as not only was there inactivity by the previous landowner pertaining his tenancy, but was allowed to stay on until 1994 even by the plaintiff. The inaction of the plaintiff ... must have been further created or encouraged an expectation in the defendant that he would be left undisturbed for a very long time."

    3. Ibrahim Ismail v Onstream Marine Sdn Bhd [HCM]

      • File size: 47kb

      • Matter: "The principal and only ground relied on by the petitioners in presenting the petition for winding up of Onstream on just and equitable provision is on the basis of legitimate expectations and rights ..."

    4. Elba Group Sdn Bhd v Registrar of Trademarks and Patents, Malaysia [HCM]

      • File size: 29kb

      • Matter: "The respondent objected to the said application and filed the notice of opposition on the ground that they are registered proprietors of the trade marks ‘DAKS’ in Malaysia ... in Class 25 ... and M/25656 in Class 25 ..."

    5. NCP v Ng [HCM]

      • File size: 27kb

      • Matter: "an appeal by the applicant ... against the decision of the magistrate in dismissing her claim, under s 3(2) of the Married Women and Children (Maintenance) Act 1950, for maintenance [of illegitimate child] by the respondent."

    6. Ng v Matad Sdn Bhd [HCM]

      • File size: 42kb

      • Matter: "the plaintiff claims that the defendants have agreed to pay him a commission of 1% of the purchase price under the agreement, which is RM425,622.80, for introducing the land to the defendants for purchase"

    7. The Pacific Bank Bhd v Chan [CAM]

      • File size: 50kb

      • Matter: "In my judgment, the learned judge was clearly wrong in striking out the second action on the ground that it was barred by res judicata, when it was based, not upon the earlier invalid demand, but upon an entirely fresh demand which, as I earlier observed, is not under attack."

    8. MBf Capital Bhd v Thomas [HCM]

      • File size: 22kb

      • Matter: "In my view, where the reason for requiring the disqualification itself is in contest, then such an application to disqualify the judge must be rejected."

    9. Ganapathy v Public Prosecutor [FCM]

      • File size: 47kb

      • Matter: "At the conclusion of the hearing before us and after a short deliberation, Edgar Joseph Jr FCJ and Shaik Daud JCA allowed the appeal, quashed the conviction and set aside the sentence of death. I differed from them with regret."

    10. Skrine & Co v MBf Capital Bhd [CAM]

      • File size: 115kb

      • Matter: "Taking into account the amendments, we have permitted to the first defendant’s defence, the interrogatories sought are not only desirable but have become essential."

    11. Ka Wah Bank Ltd v Nadinusa Sdn Bhd [FCM]

      • File size: 80kb

      • Matter: "his Lordship posed the following question: ... whether these letters constituted an agreement that the first suit had been compromised. And after considering the submissions of counsel, he narrowed the issue by stating that the question was whether the first suit was compromised ..."

    12. Bank Bumiputra (M) Bhd v Hashbudin [HCM]

      • File size: 41kb

      • Matter: "... appeal before this court involves an important point of banking law whether a bank which pays a cheque for which it has received a valid countermand from its customer can recover the payment from the payee."

    13. DMIB Employees' Union v Md Jaafar [HCM]

      • File size: 27kb

      • Matter: "... an application ... by [the Union] to commit the first respondent Md Jafar Abdul Carrim, ..., to prison for alleged contempt of a stay order ..."

    14. Kekatong Sdn Bhd v Bank Bumiputra (M) Bhd [CAM]

      • File size: 68kb

      • Matter: "This appeal arises from the refusal of the High Court at Kuala Lumpur to set aside an order for sale made pursuant to s 256 of the National Land Code 1965"

    15. Johore v Adong Kuwau [CAM]

      • File size: 27kb

      • Matter: "the learned judge held that the respondents being the aboriginal people of this country are seized of common law rights over land and are entitled, by reason of art 13(1) of the Federal Constitution, to receive fair and reasonable compensation when such rights are deprived by state action."
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Part 3

  • Case No.:

    1. PP v M. Lee [HCSS]

      • File size: 39kb

      • Matter: "The court was moved by the Public Prosecutor to revise a decision of the sessions court ... that the prosecution officer ... who was at that time a legal officer of the Sarawak State Attorney General Chambers, had no written authorization to prosecute ..."

    2. S.F. Leong v S.N. Leong [HCSS]

      • File size: 45kb

      • Matter: "Learned counsel ... applied to have me disqualified ... At the end of the hearing, it was not only that I disallowed the application but I found Mr. Tai Choi Yu to be in contempt of court ..."

    3. CCA Holdings Ltd v Palm Resort Bhd [HCM]

      • File size: 36kb

      • Matter: "defendants are alleging that they have the right to terminate the services of the plaintiffs before the expiration of the initial term ... [because] the plaintiffs have failed to generate a ‘gross operating profit’ as stipulated in ... the agreement ..."

    4. G.L. Teoh v H.G. Ng [CAM]

      • File size: 45kb

      • Matter: "Although the plaintiff was unable to prove exactly how the accident happened, on the uncontroverted evidence as it stands, the accident is proved to have happened in such a way that prima facie, it could not have happened without negligence on the part of the defendant ..."

    5. G.H. Quek v Public Prosecutor [HCM]

      • File size: 34kb

      • Matter: "I need only say that the power of prosecution is the exclusive domain of the Public Prosecutor, and as such this provision is void for inconsistency, with art 145(3) of the Federal Constitution ..."

    6. Sime Diamond Leasing (M) Sdn Bhd v JB Precision Moulding Industries Sdn Bhd [FCM]

      • File size: 55kb

      • Matter: "Whether the set-off pursuant to ... the Agreement was a voidable preference under ss 223 and 293 of the Companies Act, read together with s 53(1) of the Bankruptcy Act?"

    7. Public Prosecutor v Tellon [CAM]

      • File size: 48kb

      • Matter: "any passenger before immediately boarding a plane must pass through a ‘walk-through detector’ at a departure gate ... It was at this gate after a 100% body search conducted by PW5 (except the inside of his shoes) that nine packages of cocaine ..."

    8. F.C. Thong v S. Ono [CAM]

      • File size: 82kb

      • Matter: "the appellants allege that the scheme of circumventing the guidelines is a clear contravention of the provisions of the Real Property Gains Tax Act 1976 and the Stamp Act 1949, ... and as such, both agreements are contrary to public policy ..."

    9. Mohd Ali v Public Prosecutor [HCM]

      • File size: 95kb

      • Matter: "appellant was found guilty ... for soliciting sexual favours from one Lee Bee Fong ... at the Immigration Office, Malacca under s 3(a)(ii) of the Prevention of Corruption Act 1961 and for attempting to obtain sexual favours from her ... under s 4(a) of the Act."

    10. Re the estate of Tunku Abdul Rahman [HCM]

      • File size: 24kb

      • Matter: "whether, ... this court has the jurisdiction to hear and determine a dispute arising out of the administration of the estate of a Muslim and a related dispute pertaining to the validity of marriage contracted between one Chong Ah Moi and the deceased, ..."

    11. Shaheen v Selangor State Development Corporation [FCM]

      • File size: 47kb

      • Matter: "From the evidence, the Chief Minister knew of the development in Kampung Sungai Rumput. He took no action to remove the settlers from the land. Indeed the State Government took no action at all against the settlers. Even when Selangor SDC’s application for the land was approved and Selangor SDC was entitled to claim possession of the said land, it took no action against the settlers ..."

    12. Sakapp Commodities (M) Sdn Bhd v Abraham [CAM]

      • File size: 64kb

      • Matter: "This appeal has been brought against the decision of the High Court at Kuala Lumpur granting the respondent (‘the plaintiff’) certain relief, including a declaration that ‘the plaintiff as executor of the estate of Loo Cheng Ghee is entitled to the sum of RM3,500,000 presently held in an interest bearing escrow account in the name of Messrs Nahappan, Dorairaj & Danker as stakeholders"

    13. Damayanti v Jigarlal [CAM]

      • File size: 31kb

      • Matter: "respondents ... had applied under s 34 of the Probate and Administration Act 1959 to revoke the probate granted to the first and second appellants as the executrix and the executor of the estate of the late Kontilal Prabhulal Doshi, ..."

    14. L.C. Lee v PP [CAM]

      • File size: 34kb

      • Matter: "At the close of the prosecution’s case, the learned judge came to the conclusion that the charge had not been proved. He, however, found that the lesser charge of possession [of heroin]."

    15. Ganasan v Public Services Commission [CAM]

      • File size: 49kb

      • Matter: "the requirements of fairness have been satisfied by an opportunity to make written representations to the deciding body. In all such cases, it has been held time and again by the highest courts in the land that written representations will suffice and that a fair hearing does not mean that there must be an opportunity to be heard orally by the officer in person or by his lawyer ..."
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Part 4

  • Case No.:

    1. B v P [HCM]

      • File size: 24kb

      • Matter: "I am satisfied that the petitioner’s grounds for seeking a dissolution [of the marriage] are not sufficient to warrant such a declaration by this court. He had even alleged that the respondent had resorted to black magic"

    2. North Borneo Timbers Bhd v Director General of Inland Revenue [HCSS]

      • File size: 41kb

      • Matter: "an appeal ... against the decision of the Special Commissioners of Income Tax in holding that, ... the value of unused obsolete spare parts written off by the taxpayer company was not deductible ..."

    3. Sime Bank Bhd v Projek Kota Langkawi Sdn Bhd [HCM]

      • File size: 38kb

      • Matter: "whether, in the light of s 6 [Malay Reservation Enactment of the State of Kedah], a Malay reservation land can be charged to a person who, by definition under the Enactment, is not a ‘Malay’."

    4. Sukma v Director General of Prison, Malaysia [HCM]

      • File size: 61kb

      • Matter: "he is applying for a writ of habeas corpus ... since both the persons committing the offence are Muslims, the sessions court had no jurisdiction to hear, convict and sentence the applicant by virtue of ... art 121(1A) [Federal Constitution of Malaysia] read with the Sharia Criminal Offences (Federal Territories) Act 1997."

    5. C.T. Bok v S.B. Low [HCM]

      • File size: 42kb

      • Matter: "I am entitled to exercise my powers whenever I detect that a material error or defect in law or procedure had occurred, misconception or misreading of evidence, failure to exercise or wrong exercise of jurisdiction, or where the facts admitted or proved do not disclose any offence, or where judicial discretion was exercised arbitrarily or perversely (Caetano Colaco v Joao Rodrigues AIR 1966 Goa 32)."

    6. Usha v Sivanes [HCM]

      • File size: 64kb

      • Matter: "the petitioner is claiming for a division of the matrimonial assets which include a property known as the Crescent Court apartment, a clinic called Klinik Inter-Med, its Bangsar branch, savings of the respondent and the insurance policies."

    7. Asiah v Capital Insurance Bhd [FCM]

      • File size: 43kb

      • Matter: "could the hearing ... before the Court of Appeal have proceeded when the plaintiff Kasim had died during the pendency of the appeal and when no order for substitution and for leave to carry on the appeal under r 41 [Rules of the Court of Appeal 1994] had been made?"

    8. York Pacific Holdings Ltd v U-Re Auto Sdn Bhd [HCM]

      • File size: 78kb

      • Matter: "The plaintiff contended that by reason of extensive use, promotion and advertisements in Malaysia and in other countries, the plaintiff has acquired substantial reputation and has valuable goodwill in the said trade mark and in the embossment when used on the fifth wheel coupler units."

    9. Jaafar v Public Prosecutor [HCM]

      • File size: 79kb

      • Matter: "counsel for the accused said that the accused was not known to PW5 prior to the incident. He said that PW5 did not give any description of the accused to the police or any other person. He added that the subsequent identification conducted by the police was irregular ..."

    10. B.T. Ooi v Ooi Bee Tat & Sons Sdn Bhd [HCM]

      • File size: 75kb

      • Matter: ""

    11. Public Bank Bhd v C.P. Ng [HCM]

      • File size: 45kb

      • Matter: "This action is brought by the plaintiff against the defendants as guarantors for sums due under the facilities granted to CP Ng & Co ... whether or not the third party owes a duty of care to the borrowers and/or to the defendants"

    12. Cedar Trading Sdn Bhd v Dong Ah Construction Industrial Co Ltd [HCSS]

      • File size: 36kb

      • Matter: ""

    13. Public Prosecutor v Anwar Ibrahim [HCM]

      • File size: 48kb

      • Matter: "In the course of the proceedings, the defence made an oral application for the accused to be released on bail in respect of all the ten charges."

    14. United Merchant Finance Bhd v Hockwood Holdings Sdn Bhd [HCM]

      • File size: 40kb

      • Matter: ""

    15. Takong Tabari v Sarawak [CAM]

      • File size: 48kb

      • Matter: "The principal causes of action in that suit are (1) strict liability following the escape of gas, a dangerous thing, under the Rylands v Fletcher [1861–73] All ER Rep 1 rule against all four defendants ..."
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Part 5

  • Case No.:

    1. T.W. Tan v T.T. Tan [HCM]

      • File size: 28kb

      • Matter: "I saw no legal impediment as to why the applicant should not request the trustees or executors of the estate of the late Tan Hon Huah for a copy of the will, or to request them to permit their solicitors to release a copy of the will."

    2. Kuala Ibai Development Sdn Bhd v Kumpulan Perunding (1988) Sdn Bhd [HCM]

      • File size: 53kb

      • Matter: "leave to revoke the authority of the arbitrator to act as the arbitrator on the ground of reasonable suspicion of bias "

    3. Y.Y. Lee v U.O.A. Sdn Bhd [HCM]

      • File size: 30kb

      • Matter: "... the policies do not cover death or disablement which arises in circumstances as detailed therein. And one of the circumstances is ... death suffered by the insured or life insured while committing or attempting to commit any unlawful act."

    4. Paruvathy v Sathiasealan [HCM]

      • File size: 83kb

      • Matter: "application in encl 5 for, inter alia, the guardianship, care, control and custody of a boy aged 1 year 8 months to be given to his natural mother with the natural father having reasonable access thereto"

    5. Public Prosecutor v J.B. Hon [HCM]

      • File size: 89kb

      • Matter: "Forfeiture of goods seized is governed by [Trade Descriptions Act, s.32]. The respondents argued that the statement of facts failed to show that the machines were the subject matter of, or were used in the commission of the offence"

    6. Harbhajan Singh v The Police Commission [HCM]

      • File size: 30kb

      • Matter: "From the outset, I am being reminded by the learned plaintiff’s counsel that my judicial review must only be confined to ‘a review of the manner in which the decision was made’ and not ‘to consider whether the decision itself was fair and reasonable’"

    7. DGIR v Kishu T Jethanand [HCM]

      • File size: 26kb

      • Matter: "whether in the light of s 64(1) of the said Act, the income of the estate of the testator should be treated as the income of the executor or the income of the beneficiary "

    8. E.G. Tan & Co v C.S. Tan [HCM]

      • File size: 73kb

      • Matter: "The plaintiff’s claim against the defendant is for ... contra losses, interest and registration charges incurred by the defendant in the course of his trading in ... shares of public listed companies, through the plaintiff."

    9. Suasana Indah Sdn Bhd v DGIR [HCM]

      • File size: 40kb

      • Matter: "The appellant contended that the sum of RM6.4m received from SPSSB after the cancellation of the joint venture agreement is not income assessable to income tax being withdrawal of capital"

    10. B.H. Oh v Dickson Wong (M) Bhd [HCM]

      • File size: 29kb

      • Matter: "motion for an order declaring, under s 16 [Trade Descriptions Act 1972], that the use of the mark of 'Flying Horse' in relation to sewing machines not produced nor sold by the applicants is a false trade description ..."

    11. Agroco Plantation Sdn Bhd v Besharapan Sdn Bhd [HCSS]

      • File size: 84kb

      • Matter: "what is the legal position of the transactions entered into by the second defendant with ... the second plaintiff in view of the bankrupt status of the former at the material time"

    12. SSDC v Perumal Manikam [CAM]

      • File size: 48kb

      • Matter: "whether the appellants had committed breach of procedural fairness by taking into account ‘together with other relevant information’ when dismissing the respondent'"

    13. Perunding Alam Bina Sdn Bhd v Errol Oh [HCM]

      • File size: 39kb

      • Matter: "whether the words ... impute the plaintiffs of some quality which would be detrimental, or adverse of such quality which is essential, to successfully carry on their profession as architects"

    14. Sykt Perumahan Pegawai Kerajaan Sdn Bhd v Sri Komakmur Sdn Bhd [HCM]

      • File size: 25kb

      • Matter: "... the requirement for a penal notice will only apply where the judgment or order on which the committal proceedings are launched, is a positive order in the sense that it requires a person to do some act."

    15. Malacca Securities Sdn Bhd v Y. Loke [HCM]

      • File size: 69kb

      • Matter: "... plaintiff contended that the cause of action arose in Malacca and, accordingly, the High Court in Malaya at Malacca is the appropriate forum ..."
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Part 6

  • Case No.:

    1. T.W. Tan v T.T. Tan [HCM]

      • File size: 28kb

      • Matter: "I saw no legal impediment as to why the applicant should not request the trustees or executors of the estate of the late Tan Hon Huah for a copy of the will, or to request them to permit their solicitors to release a copy of the will. "

    2. F.S. Wong v Mrs. Fredericks [HCM]

      • File size: 34kb

      • Matter: "after a careful and proper perusal of Form 19B, I find as a fact that the caveator is the plaintiff, ... who has affixed his signature on the space ..., but the advocate and solicitor, ..., who attested the signature of the caveator attested"

    3. The MV Gang Cheng [HCM]

      • File size: 125kb

      • Matter: "when he first saw the said ship, it looked very rusty. There was hardly any paint remaining. He testified that the hatch covers of the said ship were rusty and particularly the hatch coamings were severely corroded ..."

    4. Kong Long Huat Chemicals Sdn Bhd v Raylee Industries Sdn Bhd [HCM]

      • File size: 73kb

      • Matter: "Since the petitioner here had prematurely presented the petition, any application for the appointment of a provisional liquidator would similarly be premature."

    5. Allied Bank (M) Bhd v J.H. Yau [HCM]

      • File size: 155kb

      • Matter: "This case which commenced as a claim for money advanced by the plaintiffs ... on an overdraft account climaxed in a deliberation of the admissibility of certain documents under ... the Evidence Act 1950"

    6. Anwar Ibrahim v Abdul Khalid [HCM]

      • File size: 50kb

      • Matter: "... whether the impugned statements, expressions or words in the book are obviously untruthful or whether the plaintiff has satisfied the court that the defence will fail."

    7. Kiwi Brands (M) Sdn Bhd v Multiview Enterprises Sdn Bhd [HCM]

      • File size: 89kb

      • Matter: "It is my judgment and I so hold that the plaintiff was precluded from claiming artistic copyright in the label and the infringement thereof by the defendant as this had not been pleaded in the statement of claim"

    8. Microsoft Corp v PC House (Imbi) Sdn Bhd [HCM]

      • File size: 19kb

      • Matter: "the defendant has infringed [the plaintiff's] copyright in the computer programs by reproducing or causing others to reproduce copies ..."

    9. Public Prosecutor v Zulkifli Omar [HCM]

      • File size: 54kb

      • Matter: "the central fact ... was that, the trailer-lorry driven by the defendant was in the dire process of overtaking a motor van, at a speed reckoned excessive for its size and weight, when it collided, tore and rammed into the convoy of motor cyclists ..."

    10. K.H. Leong v Public Prosecutor [HCM]

      • File size: 65kb

      • Matter: "both Mr. Mahendran and Mr. Ishak agreed that, failure to record the necessary ‘guilt and conviction’ after the accused has pleaded guilty ... exposed the accused’s ‘conviction and sentence’ wide open"

    11. Fajar Menyensing Sdn Bhd v Angsana Sdn Bhd [HCM]

      • File size: 32kb

      • Matter: "The defendant’s architect, by a letter ... gave notice that in the architect’s opinion, the plaintiff had failed to proceed regularly and diligently in execution of the works."

    12. C.C. Foong v Inspector Mohd Nasir [HCSS]

      • File size: 44kb

      • Matter: "on 28 March 1990 the plaintiff was notified by Central Police Officers at the Divisional Police Headquarters that the gold was missing whilst kept by the first defendant though the other items remained. "

    13. Proven Development Sdn Bhd v HSBC [HCM]

      • File size: 41kb

      • Matter: "The plaintiff alleged that the defendant had fraudulently debited the plaintiff’s account and/or without the proper authority .... Alternatively ... that the defendant had wrongfully and/or fraudulently converted the said sum to the defendant’s own use."

    14. K.F. Low v Port Klang Gold Resort (M) Sdn Bhd [HCM]

      • File size: 32kb

      • Matter: "The purpose of the brochure [defendant's witness] said was to provide information regarding the available golfing facilities or other intended facilities. He relied heavily on an ‘exclusion clause’ on the last page of the brochure"

    15. Public Prosecutor v S.C. Au [HCM]

      • File size: 59kb

      • Matter: "the accused requested for a discharge not amounting to an acquittal on the specific ground that the police had not supplied him the documents as ordered by the court."
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Part 7

  • Case No.:

    1. Lix Industries Sdn Bhd v Greenworld Industry Sdn Bhd [HCM]

      • File size: 29kb

      • Matter: "the respondent has contended that the sum ... claimed by the petitioner is not in respect of debt due for goods sold and delivered by the petitioner ... but rather in respect of debt due from ... a third party ..."

    2. Re Azhar Azizan [HCM]

      • File size: 49kb

      • Matter: "The DR’s view was that the petition ought to have been filed in the name of ‘Eleanor Dulcie Robinson’ as the petitioner, and that the present petitioner could sign the petition on her behalf by virtue of the PA"

    3. C.P. Khoo v Minister for Home Affairs [HCM]

      • File size: 49kb

      • Matter: "It would be wrong for the court to read a statute so as to lead to a ludicrous result, and neither will this court lend itself to the idea an ill detainee or prisoner cannot be sent to hospital when he is ill merely because of a narrow interpretation of the law. "

    4. Lotteworld Engineering & Construction Sdn Bhd v Castle Inn Sdn Bhd [HCM]

      • File size: 49kb

      • Matter: "[the defendant contested that] the performance bond was in fact payable upon a pure written demand, notwithstanding any contestation or protest by the contractor but nonetheless they have, at the time of making the demand ..."

    5. Public Prosecutor v C.H. Ong [HCM]

      • File size: 115kb

      • Matter: "it was ingeniously put forward to this court that the issue was not whether to apply the ‘prima facie’ or ‘beyond reasonable doubt’ test, but whether ‘prima facie’ ought to be construed as ‘beyond reasonable doubt’."

      • File size: kb

      • Matter: ""

    7. Quaker Products (M) Sdn Bhd v Director General of Inland Revenue [HCM]

      • File size: 44kb

      • Matter: "The appellant was instrumental in causing the products to be produced. The appellant’s business had at all times been the business of manufacturing through its contractors, and wholesaling for oats"

    8. S.M. Aw v Melombong & Perumahan Sdn Bhd [HCM]

      • File size: 25kb

      • Matter: "an application by the defendant for an order that Mr Lim ..., an advocate and solicitor, and his legal firm ... be disqualified from acting for the plaintiffs ... on the basis that there will be a conflict of interest ... as he is privy to privileged knowledge ..."

    9. Bank Industri (M) Bhd v Technopro Corp (M) Bhd [HCM]

      • File size: 30kb

      • Matter: "he contended that ... the plaintiff was only exempted from the Moneylenders Ordinance 1951 and that the said exemption ... ended on 21 August 1991. He also submitted that in 1988 the plaintiff was not licensed under the Banking and Financial Institutions Act 1989 ..."

    10. C.S. Lim [HCM]

      • File size: 23kb

      • Matter: "It is contended that he had no legal authority to present the said creditor’s petition on behalf of the [judgment creditor] and as such, the receiving order and adjudication order ... are null and void"