All Malaysia Reports (AMR) - Week 51 (Part 1)
Koperasi Sahabat Amanah Ikhtiar Berhad v RHB Investment Bank Berhad [2022] 8 AMR 645, CA
Tort – Negligence – Breach of duty of care – Banker-customer relationship – Investment bank transferred monies deposited with it to third party without depositor's authorisation or instructions – Investment bank claiming depositor not its customer – Whether investment bank owed duty of care to depositor and had breached that duty – Whether fact that no contractual relationship existed between parties does not necessarily mean that duty of care could not arise – Test for breach of duty in context of banking transactions
Lokman Noor bin Adam v Pendakwa Raya (and Another Appeal) [2022] 8 AMR 689, CA
Civil procedure – Contempt of court – Committal proceedings – Appeal against sentence of one month imprisonment – Cross-appeal against inadequacy of sentence – Statements made in police report and to media immediately thereafter, in relation to ongoing criminal trial – Whether tantamount to harassment and/or intimidation of witnesses – Whether mala fide – Whether appellant prejudiced by uncertainties of charge he had to purge – Whether absolute privilege would attach to subsequent publication of contents of police report to public at large – Whether appellate interference warranted in sentence passed – Rules of Court 2012, Order 52 r 3(2)
PNSB Water Sdn Bhd v Menteri Kewangan Malaysia (Ketua Pengarah Hasil Dalam Negeri – Proposed Intervener) [2022] 8 AMR 714, HC
Civil procedure – Parties – Joinder of parties – Application by proposed intervener to intervene in leave application for judicial review and order of certiorari pertaining to decision-making process under ss 127(3A) and 135 of the Income Tax Act 1967 – Proposed intervener not involved in decision-making process – Whether proposed intervenor had direct interest – Whether application premature – Income Tax Act 1967, ss 127(3A), 135
Sabri bin Umar v Minister of Home Affairs Hamzah Zainuddin & 5 Ors [2022] 8 AMR 723, HC
Civil procedure – Injunctions – Interlocutory injunction – A non-citizen without a valid work pass seeking injunction order to be allowed to remain in Malaysia pending disposal of court cases commenced by him and claim for reinstatement – Whether grant of injunctive relief warranted in circumstances of the case – Courts of Judicature Act 1964, s 15 – Government Proceedings Act 1956, s 29 – Immigration Act 1959/63, s 6(1)(c) – Specific Relief Act 1950, s 54
Sundra Rajoo a/l Nadarajah v Thomas Thomas @ Mohan a/l K Thomas & 12 Ors [2022] 8 AMR 731, HC
Civil procedure – Striking out – Writ and statement of claim – Claim for false imprisonment, malicious prosecution and misfeasance of public office and application to expunge paragraphs in affidavit in support of striking out application – Whether claim not obviously unsustainable and striking out not permissible – Whether paragraphs sought to be expunged neither relevant nor necessary to support striking out application – Federal Constitution, Article 145(3)