Part 1

• Case No.:

  1. Yii v Public Prosecutor [HCSS]

     • File size: 39kb

     • Matter: "Yii ... was charged ... with causing the death of a road user by his dangerous driving ... On his pleading not guilty to the charge, the learned magistrate acting pursuant to s 41(5) of the Road Transport Act ordered the confiscation and suspension of his driving licence until the disposal of the case ... [Yii] applies to the court to exercise its revisionary powers ... to review the correctness or propriety of the said order made by the learned magistrate."

  2. Loi v Golden Valley Resort Sdn Bhd [HCM]

     • File size: 27kb

     • Matter: "plaintiffs' learned counsel, referred to ss 40 and 47 of the Contracts Act 1930 saying that the oral agreement must be performed within a reasonable time, which the defendant has refused or was unable to perform ...."

  3. Amit Salleh v The Superintendent of Land & Survey Department [HCSS]

     • File size: 57kb

     • Matter: "Did the plaintiffs acquire native customary rights over Lot 3 Block 29 Suai Land District ... If the answer to the first question is in the affirmative, are the plaintiffs entitled to be compensated for the crops ..."

  4. The Neptune [HCM]

     • File size: 52kb

     • Matter: "defendant owners appealed against the decision of the registrar dismissing the defendants' application to set aside the plaintiffs' claim for the price of goods and materials or necessaries supplied to the vessel .... [T]he plaintiffs appealed against the decision of the registrar who disallowed the plaintiffs' application to set aside the conditional appearance entered by the defendant who were the present owners of [the vessel]."

  5. Mau v The Board of Trustees of Yayasan Sabah [HCSS]

     • File size: 34kb

     • Matter: "plaintiffs claim to be the owners and entitled to 3008 merchantable logs which the director of forest [2nd defendant] seized, detained and gave to Yayasan Sabah [1st defendant] ... The plaintiffs are now seeking damages against the 1st defendant for conversion and against the 2nd and 3rd defendants in negligence. The defendants pleaded the defence of illegality."

  6. Danaharta Urus Sdn Bhd v Hipa Corporation Sdn Bhd [HCSS]

     • File size: 25kb

     • Matter: "learned counsel for the plaintiff [argued] that the second defendant lacked locus standi because it had parted with the property by having executed the memorandum of transfer in favour of the first defendant and was just a bare trustee."

  7. Lim v Pulau Kembar Sdn Bhd [HCM]

     • File size: 38kb

     • Matter: "learned counsel for the defendant, referred to the assignment by the plaintiff to Citibank in which pursuant to clause 4.01 read with clause 2.02 thereof, the plaintiff has given Citibank an absolute assignment, as a result of which only Citibank has the locus standi to bring this action, ..."

  8. Kotak Malaysia (Kom) Sdn Bhd v Pebadanan Nasional Insurans Sdn Bhd [HCM]

     • File size: 94kb

     • Matter: "defendant ... contended that the plaintiff's claim was outside the duration of the coverage under the off-cover policy, having terminated when the goods were delivered to Godown 3B Warehouse before the fire broke out and therefore, the defendant is not liable under the off-cover policy."

  9. Cahill v Kaka Singh [HCM]

     • File size: 32kb

     • Matter: "Subsequent to this race [the plaintiff] was charged before the stipendiary stewards for not taking all reasonable and permissible measures throughout the race to ensure that the said horse was given full opportunity of winning or of obtaining the best possible placing in the said race."

  10. Kelvin Yeoh v Liew [HCM]

      • File size: 33kb

      • Matter: "Section 83 of the Law Reform (Marriage & Divorce) Act 1976 gives the court power to vary orders for maintenance. As this section comes under the "maintenance of spouse" (i.e. ss 77 to 86) it obviously refers to spousal maintenance orders. Section 96 of Act 164 gives the court power to vary orders for custody and maintenance."

  11. Liebenberg v ICB-Griffin Manufacturing Sdn Bhd [HCM]

      • File size: 88kb

      • Matter: "[The petitioner] has to establish that the affairs of the two companies were being conducted or that the powers of the directors are being exercised in an oppressive manner or in disregard of his interests, or that some unfairly discriminatory or prejudicial act of the company has been done to his prejudice."

  12. Samuhum v Chief of Police of Central Malacca District [HCM]

      • File size: 52kb

      • Matter: "... counsel for the plaintiff, submitted that under reg 5, the plaintiff was entitled to the right to representation at the enquiry but D1 has deliberately frustrated the plaintiff's right."

  13. DGIR v Malaysian Bar [HCM]

      • File size: 44kb

      • Matter: ""

  14. Tay v Teh [HCM]

      • File size: 40kb

      • Matter: "... an application ... by the plaintiffs as trustees of the will ... of one Lim Kim Neo for a true construction of the will, under Order 80 r 2(2)(a) and (b) of the Rules of the High Court 1980."

  15. Malaysia & Nippon Insurance Bhd v Low [HCM]

      • File size: 21kb

      • Matter: ""

Part 2

• Case No.

  1. Kemajuan Flora Sdn Bhd v Public Bank Bhd [HCM]

     • File size: 54kb

     • Matter: "... plaintiffs solicitors ... sought to set aside an order of the learned registrar who had ... directed the plaintiffs solicitors to personally pay the costs to the second defendant on an indemnity basis."

  2. Ng v Chai [HCSS]

     • File size: 87kb

     • Matter: "The plaintiff has identified certain words and statements ... which he complains of as being libellous of him but the plaintiff has not set out in the statement of claim the actual words complained of in their original language of publication i.e. in Chinese."

  3. Vestime Corporation Sdn Bhd v YBLE Resources Sdn Bhd [HCSS]

     • File size: 106kb

     • Matter: "... plaintiff's application for various reliefs including an interim injunction and the appointment of a receiver and manager."

  4. RHB Capital Bhd v Rashid Hussain [HCM]

     • File size: 122kb

     • Matter: "... plaintiff's claim is the said RM20 million being the purported gratuity [to defendant] ... contravened s 137 of the Companies Act 1965 as particulars of the RM20 million payment were never disclosed to the members ..."

  5. Foong v Assunta Hospital (M) Sdn Bhd [HCM]

     • File size: 68kb

     • Matter: "... the trial judge did not substantiate her findings with reasons. An easy way out ... [is ] to order a retrial. But ... action arose in 1985 and ... had been delayed for a considerable time, where 9 witnesses had testified and with voluminous documents ... it is not in the best interest of all parties concerned, and above all justice, that the case be sent back ..."

  6. Tengku Mohd Saad v Tay [HCM]

     • File size: 106kb

     • Matter: "... that the plaintiffs have proven on the balance of probabilities that the first defendant is holding the said 1.2 million shares on trust for the late Tunku Mansur."

  7. Tan v Mahabuilders Sdn Bhd [HCM]

     • File size: 48kb

     • Matter: "The 305 unsold and uncompleted apartments were purchased with the objective of rebuilding for resale at a profit. The defendant could not however leave the 95 units (which had already been sold to various purchasers by Eastern Enterprise) untouched in their uncompleted state. They had to be rebuilt in tandem as an integrated whole with the 305 units purchased by the defendant."

  8. Malacca Historical Municipal Council v Yau [HCM]

     • File size: 72kb

     • Matter: "The respondent contended that the motion [for contempt] and the statement under Order 52 r 2(2) did not contain information with sufficient particularity thereby rendering the charge against him defective and so the motion should be dismissed ...."

  9. Jerald Gomez v Shencourt Sdn Bhd [HCM]

     • File size: 52kb

     • Matter: "The investigating tribunal ... recommended to the disciplinary board that a formal investigation be conducted only in respect of the complaint against overcharging ... [The] disciplinary committee found the appellant [a solicitor] guilty ..."

  10. Yap v Dr Pritam Singh [HCM]

      • File size: 74kb

      • Matter: "our Evidence Act 1950 and the Courts of Judicature Act 1964 have no provisions to allow rules of court to be made to take away the privilege to withhold experts' reports and to provide for pre-trial disclosure of expert evidence intended to be produced at the trial."

  11. Progressive Insurance Bhd v Pile Force Sdn Bhd [HCM]

      • File size: 25kb

      • Matter: "Though it is common ground that the said consent order has not todate been perfected, yet nevertheless, it is trite law that no party should be allowed to set aside such unperfected consent order as of right bereft of any cogent grounds, and even in the teeth of his adverse conduct."

  12. Saraswathi Devi v Monteiro [HCM]

      • File size: 36kb

      • Matter: "In the light of the facts and circumstances ... and after taking into account the welfare of the child as the paramount consideration, ... especially the wishes of the child ... I am of the view that the custody order should be varied in favour of the father."

  13. Alliance Bank Malaysia Bhd v Mukhriz Mahathir [HCM]

      • File size: 59kb

      • Matter: "If the legal point is understood and the court is satisfied it is unarguable, the court is not prevented from granting a summary judgment merely because "the question of law is at first blush of some complexity and therefore takes a little longer to understand"."

  14. PP v Norazam [HCM]

      • File size: 76kb

      • Matter: ".... it is clear that in order to establish a prima facie case of murder it is incumbent upon the prosecution to prove ..."

  15. Vellasamy v Gurbachan Singh [HCM]

      • File size: 111KB

      • Matter: "under the agreement, ... the vendor agreed to develop with infrastructures, and manage the said land into a palm oil estate within 48 months with each purchaser participating in the produce from his share/plot in the land."

Part 3

• Case No.:

  1. Nadzaruddin Jaafar v Mayor of Kuala Lumpur City [HCM]

     • File size: 40kb

     • Matter: "The applicant, whose land is adjacent to the said land, .... raised various objections to the second respondent's application. The grounds advanced .... were as follows: The planning permission, if granted, would increase, the density from 30 persons per acre to 408 ...."

  2. Abdul Jalil v A Formation Construction Pte Ltd [HC,S'pore]

     • File size: 82kb

     • Matter: "whether the plaintiffs’ claim to recover the arrears of rental and interest .... is enforceable notwithstanding the offer by M&N to waive those sums .... and the acceptance of that offer by the defendant. This depends on whether there was a valid compromise agreement .... Whether Mr Mohamad as a sole trustee had the power under the will to agree to the compromise ...."

  3. Amrae Benchuan Trading Pte Ltd v Gregory Tan [HC,S'pore]

     • File size: 76kb

     • Matter: "The principal question .... concerns the circumstances in which a liquidator may properly challenge transactions that were entered into prior to the onset of a company’s insolvency. However, it also presents an occasion to re-examine the appropriate role and approach of liquidators to the initiation and prosecution of litigation in the name of the company."

  4. Angliss Singapore Pte Ltd v Public Prosecutor [HC,S'pore]

     • File size: 148kb

     • Matter: "Is there a distinct and autonomous sentencing principle known as “public interest”? What are the procedural formalities that must be observed ...."

  5. Anthony Wee v Law Society of Singapore [HC,S'pore]

     • File size: 75kb

     • Matter: "I have found that three of Mr. Wee’s complaints have not been substantiated. With respect of the fourth complaint, that relating to gross overcharging, I take the view that there are grounds to investigate whether LCP’s invoice for $612,300 was a gross overcharge ...."

  6. Dr Hennedige v Singapore Dental Council [HC,S'pore]

     • File size: 54kb

     • Matter: "The appellant .... was found guilty of professional misconduct by the Disciplinary Committee of the Singapore Dental Council on the ground that he had failed to obtain the informed consent of his patient ...."

  7. Fairmount Development Pte Ltd v Soh Beng Tee & Co Pte Ltd [HC,S'pore]

     • File size: 53kb

     • Matter: ".... I held that the Award had to be set aside under s 48(1)(a)(vii) [Arbitration Act (Cap 10, 2002 Rev Ed)] because Fairmount had proved to my satisfaction that a breach of the rules of natural justice had occurred in connection with the making of the Award by which its rights had been prejudiced."

  8. The Republic of Philipines v Philipines International Air Terminals Co Inc [HC,S'pore]

     • File size: 53kb

     • Matter: "a motion under the International Arbitration Act to set aside the “Partial Award on the Law Governing the Arbitration Proceedings and the Law Governing the Arbitration Agreement” [made] in the arbitration between the Government of the Republic of the Philippines and Philippine International Air Terminals Co, Inc ...."

  9. Kho v DIGI Telecommunications Sdn Bhd [HCSS]

     • File size: 101kb

     • Matter: "Whether or not in the circumstances of this case there is a duty of care on the part of the defendant to ensure that the plaintiff’s name does not appear in credit checking system of the financial institutions and system of data collecting companies?"

  10. HSBC (Malaysia) Trustee Bhd v Soon Cheong Pte Ltd [HC,S'pore]

      • File size: 39kb

      • Matter: ".... an application by the plaintiffs for an order to compel the defendant to rectify its register of members by striking out the name of [the deceased] as the holder of 175 shares of the defendant and by inserting in place thereof the names of the second to seventh plaintiffs ...."

  11. Justlogin Pte Ltd v OCBC Ltd [HC,S'pore]

      • File size: 96kb

      • Matter: "The matter proceeded before an assistant registrar for assessment of damages .... The assessment proceeded on the basis of a loss of chance at acquiring the assets of iProp."

  12. Karaha Bodas Co LLC v Perusahaan Pertambangan Minyak & Gas Bumi Negara [HC,S'pore]

      • File size: 36kb

      • Matter: "... whether I should impose any terms upon the applicant curtailing its ability to commence fresh proceedings in Singapore to enforce the arbitration award; and what, if any, order I should make in relation to costs."

  13. Kea v Merrill Lynch Investment Managers (Asia Pacific) Ltd [HC,S'pore]

      • File size: 79kb

      • Matter: "As can be seen, O 39 r 2(1) read with O 39 rr 1(1) and 1(2) empowers the court to order the examination of a person even if the person to be examined is out of the jurisdiction where this process appears (to the court) necessary for the purposes of justice ...."

  14. Lim v Public Prosecutor [HCS'pore]

      • File size: 127kb

      • Matter: "... the present case was of particular significance because it occasioned a reconsideration of the erstwhile sentencing practice vis-à-vis offences under s 5(a) of the Common Gaming Houses Act ..."

  15. Indrani v Legal Profession Qualifying Board [HCM]

      • File size: 56kb

      • Matter: "... the plaintiffs ... were seeking a declaration that the July 2001 examination results of the plaintiffs as announced by the board on 19 September 2001 to be confirmed as correct and be released to them."

Part 4

• Case No.:

  1. Layangan Sdn Bhd v MP Factors Sdn Bhd [HCM]

     • File size: 47kb

     • Matter: "Layangan Bina alleged that MP Factors had imposed wrongful commission charges for factoring ... MP Factors was also alleged to have failed to take into consideration the amount paid by Layangan Bina to reduce the amount in arrears."

  2. Nuri Asia Sdn Bhd v Fosis Corp Sdn Bhd [HCM]

     • File size: 35kb

     • Matter: "... plaintiff’s claim against the first defendant as the principal debtor and the second defendant as a guarantor for the sum of RM1,182,970.20 being the price of goods sold and delivered by the plaintiff to the first defendant upon an oral guarantee ..."

  3. Yazid Sufaat v Election Commission of Malaysia [HCM]

     • File size: 53kb

     • Matter: "... a declaration that the fundamental rights of the applicants to vote under art 119 of the Federal Constitution in the 11th General Election has been violated by the respondent ..."

  4. Tang v The EPF Board [HCM]

     • File size: 37kb

     • Matter: "The plaintiff is a statutory body established under s 3 of the Employees Provident Fund Act 1991 while the defendants were the directors of Tang Kwor Ham Realty Sdn Bhd ..."

  5. NE v Comptroller of Income Tax [HCS''pore]

     • File size: 37kb

     • Matter: "The Comptroller of Income Tax had disallowed the appellant from deducting the costs of employing a security guard to protect its director for certain years for which the CIT had been ascertaining the income of the appellant."

  6. Abdul Aziz v Rubiah [HCS'pore]

     • File size: 49kb

     • Matter: "This case raises some issues that concern aspects of the court’s power to uphold its authority and secure obedience to its orders by authorising the initiation of committal proceedings."

  7. Lim v Thai Wah Construction & Development Sdn Bhd [HCSS]

     • File size: 90kb

     • Matter: "... I find that in respect of the plaintiffs’ claim in trespass and nuisance the following bona fide triable issues have arisen ... [T]he concrete slab has been built within the boundary of the plaintiffs’ land ..."

  8. Ee v John Chew [HCS'pore]

     • File size: 41kb

     • Matter: "... the first defendant (“Chew”) filed Summons No 3732 of 2006 to set aside the order of 26 July 2006 appointing provisional liquidators ..."

  9. Ummi Hafilda v Parti Islam se Malaysia [HCM]

     • File size: 57kb

     • Matter: "It was alleged by the Plaintiff that the 1st, 2nd and 3rd Defendant falsely and maliciously published and/or caused to be published, the 4th Defendant falsely and maliciously printed and/or published and/or caused to be printed and /or published and the 5th Defendant falsely and maliciously wrote and published of and concerning the Plaintiff ..."

  10. JT International Tobacco Sdn Bhd v Lau [HCM]

      • File size: 36kb

      • Matter: "It is the submission of the applicant that the award on backwages should be quashed and remitted ... for reassessment because (a) the Industrial Court erred in law in failing to take into account the evidence that the respondent was gainfully employed after his dismissal ..."

  11. JSI Shipping (S) Pte Ltd v Teofoongwonglcloong [HCS'pore]

      • File size: 105kb

      • Matter: "the plaintiff claims damages for breach of contract in that the defendant had failed in its duty as auditor to identify abuse of the plaintiff’s funds by ... a director ... The plaintiff’s alternative claim is that the defendant had breached its duty of care to the plaintiff ..."

  12. Lee v Singapore Democratic Party [HCS'pore]

      • File size: 171kb

      • Matter: "In the present actions, the plaintiffs sued the defendants for publishing an allegedly defamatory article in an issue of the SDP’s newspaper, The New Democrat."

  13. Navaseelan v PP [HCS'pore]

      • File size: 67kb

      • Matter: "... a bank officer ..., was alerted by his colleagues from the UOB Card Centre that the bank’s ATM along Havelock Road was being operated fraudulently. Anthony Goh rushed to the ATM in question and saw the appellant standing in front of it, trying to withdraw cash."

  14. NI v NJ [HC,S'pore]

      • File size: 37kb

      • Matter: "The outstanding issues that emerged before me were (a) the issue of access in relation to the Children; (b) maintenance for the petitioner and the Children; (c) the division of the matrimonial assets ..."

  15. Jack v Ting [HCSS]

      • File size: 128kb

      • Matter: "The respondent’s claim against the appellants arose out of a collision between a lorry tanker driven by the first appellant and a land cruiser driven by the plaintiff’s father, the deceased."