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FEATURED CASES

 

Part 1

  • Case No. 

    1. Bisi Jinggot v Superintendent of Lands & Survey [HCSS]

      • File size: 87kb

      • Matter: "It is common knowledge that Customary Rights was recognized for generations in Sarawak and continues to be respected in a restrictive sense by various legislation"

    2. PP v S.K. Leong [HCSg]

      • File size: 61kb

      • Matter: "I have to determine, in accordance with the well-known sentencing principles, the most appropriate sentence that I believe would best do justice in all the circumstances of the case."

    3. Holiday Villages of Malaysia Sdn Bhd v Min for Human Resources [HCM]

      • File size: 59kb

      • Matter: "an application ... for judicial review for an order of certiorari to quash the decision of the [Human Resource Minister] ... ordering the applicant to accord recognition to the [National Union of Hotel, Bar & Restaurant Workers, Peninsular Malaysia] as a trade union ..."

    4. PP v Charles C.L. Lee [HCSg]

      • File size: 83kb

      • Matter: "I found that this must be one of the worst instances of traffic violations to come before this court. The respondent’s acts were all calculated and there were no mitigating factors. He did not show any remorse. The only question was what sentence was appropriate"

    5. MAA Bhd v Maju Holdings Sdn Bhd [HCM]

      • File size: 57kb

      • Matter: "The plaintiff's claim against the ... defendants is respectively for the enforcement of a corporate and personal guarantee for a loan granted by the plaintiff to another company"

    6. K.L. Ong v Abdul Razak Nazahdin [HCM]

      • File size: 52kb

      • Matter: "The liquidators make no direct claim to the HSBC Stake Monies. They had requested HSBC to release the HSBC Stake Monies to them not for themselves, but rather, to be held by them so that they could interplead the same together with the Liquidators' Stake Monies in the Liquidators' Application."

    7. MAICA Corporation Sdn Bhd v Bina Satu Sdn Bhd [HCM]

      • File size: 37kb

      • Matter: "an application by the respondent and the appointed liquidator for the company under liquidation to confirm the appointment of Mr. Sundra Rajoo as the arbitrator in the arbitration proceeding"

    8. Abercrombie & Fitch Co v Fashion Factory Outlet KL Sdn Bhd [HCM]

      • File size: 99kb

      • Matter: "an application for summary judgment based on the cause of action for trade mark infringement pursuant to O. 14 of the Rules of the High Court"

    9. Sanyan Lumber Sdn Bhd v Sanyan Wood Industries Sdn Bhd [HCSS]

      • File size: 43kb

      • Matter: "the other shareholder says that PW1 has no authority to initiate the proceedings and that the plaintiff had voluntarily allowed the defendant to enter into the plaintiffs' land and operate their business"

    10. Dr M.S. Kok v Mustapha Mohamed [HCM]

      • File size: 44kb

      • Matter: "an appeal against the decision of this court which dismissed ... the application ... by appellants for an interim injunction order ... against the ... respondents/defendants to prevent them from exercising and acting as the Receivers and Managers of FDN Sdn Bhd"

    11. PP v H.U. Low [HCSS]

      • File size: 59kb

      • Matter: "I note that the complaint of the vessels not being forfeited in consequence of it being used for the purpose of the crime was no where reflected in the charge i.e., the charge did not show any nexus to the complaint raised in the charge."

    12. B.A. Macnamara v L.K. Kam [HCM]

      • File size: 45kb

      • Matter: "The plaintiff has now come ... to seek for an order declaring that the defendant holds the said house ... in trust for him in accordance with the terms of the trust deed ... and for a further order of vacant possession and that he be allowed to re-enter the said house"

    13. Alfa Laval (M) Sdn Bhd v A.H. Ng [HCM]

      • File size: 70kb

      • Matter: "against the 1st defendant, breach of the terms in the "Declaration of Secrecy Concerning Assignments within the Alfa Laval Group" ... when he wrongfully disclosed the plaintiff's confidential information in the plaintiff's computer program ..."

    14. Lechemanavasagar v Dr Thomas P.C. Yau [HCM]

      • File size: 53kb

      • Matter: "The plaintiff claimed for special and general damages against the first defendant, a medical consultant for causing "esophageal perforation" on the upper part of his esophagus followed subsequently by infection of his lung ..."

    15. Danaharta Managers Sdn Bhd v Khee Cheong Mesin Jahit & Letrik Sdn Bhd [HCM]

      • File size: 31kb

      • Matter: "The plaintiff thus proceeded against the 3rd defendant for a declaration that the registered interests of the 3rd defendant under the aforesaid 6 NLC charges is in each case not indefeasible and consequent thereto, an order that the said registered interests be set aside."


Part 2

  • Case No.

    1. Z.P. Zhao v PP [HCSg]

      • File size: 56kb

      • Matter: "The district judge also accepted that deterrence was the predominant sentencing consideration here. He was of the view that the public interest in deterring match-fixing offences was in fact far greater today than in the earlier cases"

    2. PP v X.T. [HCSg]

      • File size: 33kb

      • Matter: "as the complainant was under 16 years of age at the time, consent though relevant in a charge of rape, is not relevant in a charge under s 140(1)(i) of the Women’s Charter."

    3. Perkasa Padu Sdn Bhd v Rayong Nuing [HCSS]

      • File size: 55kb

      • Matter: "[Defendants] say that the Malaysian courts have no interest or connection at all with the claims of the USA suit, and further the plaintiffs had not shown why the Malaysian courts should disregard the concept of judicial comity and interfere with the US Suit, when it also concerns claims against 3rd parties"

    4. Uzbekistan Airways v Jetspeed Travel Pte Ltd [HCSg]

      • File size: 85kb

      • Matter: "In order to increase the number of passengers on its flights, the plaintiff entered into a unilateral interline agreement with British Airways ... which permitted British Airways to issue tickets for travel on routes operated by the plaintiff"

    5. PP v Mohd Al-Afizi Ithnin [HCM]

      • File size: 53kb

      • Matter: "Mr Zambri Idrus for the accused submitted that it was only proved that the accused was in possession of the orange plastic bag. "It was not proved that the accused was in possession of the cannabis in the bag." Possession must be first proved before s. 37(da) could be invoked"

    6. Insigma Technology Co Ltd v Alstom Technology Ltd [HCSg]

      • File size: 71kb

      • Matter: "In the tribunal’s opinion, it was “clear enough” that the agreement was for the SIAC to administer the arbitration “in accordance with” the ICC Rules The real issue was therefore whether this prescription was practicable"

    7. Zentor (M) Sdn Bhd v Muniandy [HCM]

      • File size: 25kb

      • Matter: "Miss Anis Hasliza acting for the landowner argued that the notes of proceedings recorded by the trial judge are free from inaccuracies or omissions"

    8. Chun Cheng Fishery Enterprise Pte Ltd v H.H. Chuang [HCSg]

      • File size: 94kb

      • Matter: "defendants further argued that even if the plaintiff had suffered any loss or damage, such loss or damage was not caused by them but by Lin and Tan – that it was Lin and Tan who breached their fiduciary duties to the plaintiff ..."

    9. Nikmat Masyhur Sdn Bhd v Johore [HCM]

      • File size: 81kb

      • Matter: "The measure of damages recoverable therefore involves the consideration of s. 74 which substantially affirms the common law rule laid down in Hadley v Baxendale"

    10. Y.H. Ung v Attorney General of Singapore [HCSg]

      • File size: 50kb

      • Matter: "A declaratory order, directing the Attorney-General, the Director of Corrupt Practices Investigation Bureau and Principal Special Investigator Alvin Cheong to release Standard Chartered Bank Accounts No ... ..."

    11. F.M. Yong v Y.K. Chin [HCM]

      • File size: 114kb

      • Matter: "This is my judgment in respect of the issue of jurisdiction to hear the petition filed by the petitioner who has embraced Islam nearly 20 years after the solemnisation of his marriage under the civil law. The respondent (wife) is still a non-Muslim"

    12. CST Cleaning & Trading Pte Ltd v National Parks Board [HCSg]

      • File size: 57kb

      • Matter: "an appeal by CST Cleaning & Trading Pte Ltd against the judgment of the district judge ... in which he ordered the Contractor to pay to the National Parks Board the sum of $114,270.52 with interest and costs pursuant to the terms of an indemnity ..."

    13. ELBA SPA v Fiamma Sdn Bhd [HCM]

      • File size: 89kb

      • Matter: "The basis of the applicant's case is that the applicant is the lawful proprietor of the trade mark ELBA in Malaysia in respect of household appliances as the applicant is the first user of the said mark"

    14. S.P. Kay v Singapore Island Country Club [HCSg]

      • File size: 147kb

      • Matter: "This is an assessment of the amount of damages payable as a result of the invalid suspension of a club membership. It raises important and interesting issues on the law of damages, including whether intangible and non-pecuniary harm such as mental distress, humiliation and the like are recoverable in a contractual setting"

    15. TS Chong & Co v Provisional Liquidator of Mount Austin Properties Sdn Bhd [HCM]

      • File size: 67kb

      • Matter: "For the foregoing reasons it is ordered that the plaintiff pay the Stakeholder Sum of RM414,546.58 to the liquidator of the 1st defendant company within one month of the date of the order. The plaintiff is not accountable to the 1st defendant for the interest accrued on the Stakeholder Sum."


[.... END OF 2009 ....]

 

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