Anuar bin Abd Aziz v Dato’ John Lee Siew Neng & 2 Ors [2023] 5 AMR 113, CA

Contract – Moneylending agreement – Default in repayment – High Court allowed claim for recovery of loan amount with interest – Borrower's counterclaim for return of eight lands transferred to lender as security, dismissed – Whether lender carrying out "business of moneylending" – Whether presumption under s 10OA of the Moneylenders Act 1951 applicable – Whether loan agreements illegal, void and unenforceable – Whether loans granted friendly loans or illegal moneylending transactions – Whether lands kept as security ought to be returned to borrower – Contracts Act 1950, s 66 – Moneylenders Act 1951, ss 2, 10OA, 15

Public Prosecutor v Mokbul Hossain & Anor [2023] 5 AMR 130, CA

Criminal law – Anti-trafficking in persons and anti-smuggling of migrants – Forfeiture of property – Appeal against – High Court rejected application for forfeiture of properties – No nexus between offence under s 26A of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 ("ATIPSOM") or s 12(1)(h) of the Passport Act 1966 and properties to be seized – Whether properties proceeds of unlawful activity – Whether conviction under s 4(1)(a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 required before application for forfeiture order – Whether properties acquired as result of illegal activities under s 26A of the ATIPSOM – Whether order of forfeiture ought to be made – Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, ss 3, 4(1), (1)(a), 56, 56(1), (1)(a), (b), (c), (d), (2)(a)(iii), Second Schedule – Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007, s 26A – Passport Act 1966, s 12(1)(h)

Criminal law – Forfeiture of property – Proceeds from unlawful activity – Appeal against – High Court rejected application for forfeiture of properties – No nexus between offence under s 26A of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 ("ATIPSOM") or s 12(1)(h) of the Passport Act 1966 and properties to be seized – Whether properties proceeds of unlawful activity – Whether conviction under s 4(1)(a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 required before application for forfeiture order – Whether properties acquired as result of illegal activities under s 26A of the ATIPSOM – Whether order of forfeiture ought to be made – Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, ss 3, 4(1), (1)(a), 56, 56(1), (1)(a), (b), (c), (d), (2)(a)(iii), Second Schedule – Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007, s 26A – Passport Act 1966, s 12(1)(h)

Amran bin Ismail & Anor v Habibah binti Ismail & 3 Ors [2023] 5 AMR 149, HC

Civil procedure – Parties – Joinder of parties – Appeal – Sessions Court allowed joinder of party into counterclaim for libel in defamation suit – Whether Sessions Court right in allowing joinder application – Whether appellate intervention warranted – Rules of Court 2012, Order 15 r 6

Re Chandiamani i/k S John Chelliah & Anor [2023] 5 AMR 154, HC

Probate and administration – Wills – Distribution of estate – Application for disposal of estate property – Property belonging to deceased and his wife in equal share – No objections from wife and beneficiaries of deceased's estate to sell property to third party – Whether order for sale of property should be granted

Muhamad Athif Izuddin bin Rosle v Malaysia Airport Sdn Bhd & Anor [2023] 5 AMR 157, HC

Administrative law – Remedies – Judicial review – Application for order of certiorari to quash Industrial Court award which held that dismissal of employee from company's services was with just cause or excuse – Employee's urine tested positive for amphetamine and methamphetamine – Whether there was a break in chain of identification of employee's urine sample – Whether urine tested in accordance with Ministry of Health (KKM) Guidelines for Testing Drugs of Abuse in Urine No. 6 of 2002

Ocean Success (M) Sdn Bhd v Ahmad Rizal bin Che Din & 8 Ors [2023] 5 AMR 173, HC

Contract – Breach – Employment contract – Claim for damages against former employees for breach of duty of good faith and fidelity and unlawful interference with company's trade – Former employees worked for and diverted clients to other companies during employment – Whether employment contract existed – Whether employees owed company implied duty of good faith and fidelity during employment – Whether duty breached – Whether former employees committed unlawful interference with company's trade – Whether breach caused losses to company

Soo Jia Xuan & Anor v Alor Vista Sdn Bhd (dalam penggulungan) & Anor [2023] 5 AMR 188, HC

Land law – Indefeasibility – Transfer of title – Developer sold same properties twice in 2007 and 2014 pursuant to sale and purchase agreements ("SPAs") – Prior purchaser paid full purchase price and obtained vacant possession since 2007 to date – Whether SPAs with prior purchaser valid – Whether prior purchaser entitled to beneficial ownership of properties – Whether subsequent purchaser's title defeasible – Evidence Act 1950, s 65(1)(c) – National Land Code 1965, ss 340, 417

WRP Asia Pacific Sdn Bhd v Lee Son Hong & Anor [2023] 5 AMR 218, HC

Company law – Directors – Fiduciary duties – Breach of – Claim for recovery and damages for losses suffered due to alleged misappropriation of funds by directors holding two-thirds majority in company's board of directors – Whether directors breached fiduciary duty – Whether such breach caused losses to company – Evidence Act 1950, s 114(g)