All Malaysia Reports (AMR) - Week 7
Tan Kah Fatt & Anor v Tan Ying [2023] 1 AMR 829, FC
Probate and administration – Intestate estate – Distribution of assets – Appeal against – Child born of Chinese customary wedding held to be illegitimate and not eligible to inherit deceased father's estate – Co-administrator of deceased's estate removed for alleged misrepresentation and conflict of interest – Whether illegitimate child not entitled to inherit under the Distribution Act 1958 – Whether child born of Chinese customary wedding illegitimate – Whether removal of co-administrator valid – Births and Deaths Registration Act 1957, s 13 – Distribution Act 1958, ss 3, 6(1)(g) – Federal Constitution, Article 8 – Law Reform (Marriage & Divorce) Act 1976, ss 5(3), (4), 6, 75(2), (7) – Probate and Administration Act 1959, s 34
Messrs J Tan Teoh Associates (sued as a firm) v MSIG Insurance (Malaysia) Bhd [2023] 1 AMR 866, CA
Insurance – Professional indemnity – Avoidance of liability – Appeal against dismissal of claim for professional indemnity – Breach of professional duty due to "negligent act, error or omission" and dishonesty – Whether "insufficient judicial appreciation of evidence" by High Court – Whether appellate interference warranted
Inner Mongolia Mengniu Dairy (Group) Company Limited v SIMS Capital Sdn Bhd [2023] 1 AMR 892, HC
Intellectual property – Trademarks – Registration – Application for revocation and invalidation of trademark registration under ss 46(1), 47(1), (3) and (6) of the Trademarks Act 2019 – Whether locus standi established – Whether grounds for revocation and invalidation of trademark proved – Trademarks Act 2019, ss 23(5), 24(3), (3)(a), 46, 46(1), 47, 47(1), (3), (6), 53, 54(a)
Petroliam Nasional Berhad (PETRONAS) v Ketua Pengarah Kastam & Anor [2023] 1 AMR 911, HC
Administrative law – Remedies – Judicial review – Goods and services tax – Whether zero rated – Bill of demand seeking monetary claim under s 43 of the Goods and Services Tax Act 2014 challenged – Whether bill of demand amenable to judicial review – Goods and Services Tax Act 2014, ss 17(1)(b), 27, 43 – Petroleum Development Act 1974
Wong Kah Shing v Wong Tze Wei [2023] 1 AMR 921, HC
Probate and administration – Estate – Letters of administration – Application for annulment and/or revocation of letters of administration granted by Sandakan High Court purportedly post grant of same by Kuala Lumpur High Court – No appearance entered or affidavit filed by respondent – Whether locus standi established – Whether grant by Sandakan High Court obtained on false assertion of fact – Whether Sandakan High Court lacked jurisdiction – Whether parties which ought to be cited before Sandakan High Court not cited – Whether Sandakan High Court could grant letters of administration in absence of challenge to grant by Kuala Lumpur High Court – Whether non-opposition of application meant prima facie case made out – Rules of Court 2012, Order 71 r 5