All Malaysia Reports (AMR) - Week 23 (Part 2)
Gopala Krishnan Chettiar a/l Muthu v Sealand Marine Inspection and Testing (M) Sdn Bhd & Anor [2023] 4 AMR 501, CA
Administrative law – Remedies – Judicial review – Appeal against – High Court granted certiorari to quash Industrial Court's award – Director of company held as workman under s 2 of the Industrial Relations Act 1967 ("the Act") – Whether director and shareholder of company workman under s 2 of the Act – Whether appellant terminated with just cause or excuse – Whether appellate intervention warranted – Industrial Relations Act 1967, ss 2, 20
Legentheraj a/l Asogan v Public Prosecutor (and Another Appeal) [2023] 4 AMR 557, CA
Dangerous drugs – Appeal – Appeal against conviction and sentence – Offences of trafficking and possession of cannabis – Whether defence successfully cast reasonable doubt on prosecution case – Whether trial court failed to conduct maximum evaluation of key prosecution witnesses – Whether prosecution failed to prove knowledge, control and custody of drugs with appellant – Whether application of presumptions incorrect – Dangerous Drugs Act 1952, ss 6, 39B(1)(a)
Hock Peng Realty Sendirian Berhad v Ting Sieh Chung @ Ting Sie Chung [2023] 4 AMR 573, HC
Land law – Caveats – Removal of – Assessment of damages – Claim for losses incurred due to hindered sale and planned development over lands illegally caveated – Whether plaintiff entitled to damages as claimed – Whether damage proven capable of being compensated under s 179 of the Land Code (Cap 81) (Sarawak) – Land Code (Cap 81) (Sarawak), s 179
Lee Son Hong v TAEL Management Co (Cayman) Ltd & 6 Ors [2023] 4 AMR 583, HC
Arbitration – Stay – Application for – Alleged commonality of facts, issues and overlapping of evidence in arbitration and criminal proceedings which would potentially incriminate plaintiff – Whether stay of arbitration proceedings ought to be granted – Whether s 11 of the Arbitration Act 2005 applicable – Arbitration Act 2005, ss 8, 11