All Malaysia Reports (AMR) - Week 5
Kinta Riverfront Hotel & Suites Sdn Bhd v Chang Yoke Yee & Anor [2023] 1 AMR 509, CA
Tort – Defamation – Damages – Appeal against High Court's decision rejecting defence of absolute privilege for want of relevance and good faith – Defamatory statement published in statement of defence – Whether appellant entitled to rely on defence of absolute privilege
Lina Yap Ai Lin (f) v Giant Rewards Sdn Bhd & 3 Ors [2023] 1 AMR 523, CA
Company law – Inspection of documents and records – Appeal – High Court dismissed action seeking production of documents from company allegedly not lodged with Companies Commission of Malaysia ("CCM") and not made available in public domain of CCM – Whether s 351 of the Companies Act 2016 applicable and contravened – Whether documents pertaining to appellant's resignation and transfer of shares submitted to CCM true – Whether documents sought already lodged with CCM – Companies Act 2016, ss 351, 351(1), 591, 593
Antah Schindler Sdn Bhd v Maju Holdings Sdn Bhd [2023] 1 AMR 536, HC
Contract – Adjudication decision – Direct payment from principal – Payment sought from employer pursuant to ss 30 and 31 of the Construction Industry Payment and Adjudication Act 2012 ("CIPAA") – Whether four conditions under s 30 of the CIPAA satisfied – Whether failure to issue notice under s 30(2) of the CIPAA fatal to defence – Whether interest and cost included in "adjudicated amount" under s 30 of the CIPAA – Construction Industry Payment and Adjudication Act 2012, ss 30, 30(2), (3), 31
Dialog Catalyst Services Sdn Bhd v Ketua Pengarah Hasil Dalam Negeri (and 7 Other Applications) [2023] 1 AMR 551, HC
Administrative law – Remedies – Judicial review – Applications for leave to commence judicial review proceedings seeking certiorari against notices of additional assessment and stay of such notices till pendency of court proceedings – Whether leave to commence judicial review proceedings and stay of notices ought to be granted – Income Tax Act 1967, ss 39(1)(c), 99 – Rules of Court 2012, Order 53 r 3
Manoharan a/l Kandasamy (suing as a firm of advocates and solicitors and sole proprietorship under the name and style of Messrs K Mano & Associates) v Patent View Development Sdn Bhd (in liquidation) [2023] 1 AMR 561, HC
Company law – Liquidators – Appeal against decision of liquidator – Claim for outstanding legal fees – Rejection of proof of debt based on Federal Court's decision to set aside leave for taxation of bills – Whether liquidator acted in bad faith – Whether liquidator's order ought to be reversed and/or varied
Nalli Ramanathan & Anor (both suing as the firm, Nalli Chinnasami Chetty) v Nilli’s Silks Saris Traders Sdn Bhd & Anor (Nalli Sdn Bhd – Intervener) [2023] 1 AMR 569, HC
Civil procedure – Costs – Security for costs – Intervener applying for security for costs in trademark action under Order 23 r 1(a) of the Rules of Court 2012 ("ROC") – Whether intervener could rely on Order 23 of the ROC – Rules of Court 2012, Order 23 r 1, 1(a) – Trademarks Act 2019, ss 47, 49
Public Prosecutor v Adiele Okechukwu Christian & Anor [2023] 1 AMR 574, HC
Dangerous drugs – Trafficking – Possession and knowledge – Backpack containing drugs found in car with accused – Defence of borrowed car with no knowledge of drugs raised – Absence of evidence that accused had custody, control, and knowledge of drugs – Failure to carry out thorough and fair investigation – Whether prima facie case of trafficking and possession of drugs made out – Dangerous Drugs Act 1952, ss 12(2), 37(d), 39B(1)(a) – Penal Code, s 34
Tri Metal Mining Sdn Bhd & 2 Ors v Hilman Quarry Sdn Bhd & Anor [2023] 1 AMR 593, HC
Contract – Breach – Damages – Contractors terminated agreement for being unable to carry out mining activities in absence of permit/approval from authorities purportedly obtained as per agreement – Whether termination of agreements valid – Whether defendants entitled to counterclaim – Whether plaintiffs entitled to relief claimed