Samat bin Yamin v Public Prosecutor [2023] 5 AMR 469, FC

Criminal law – Anti-trafficking in persons and anti-smuggling of migrants – Bail – Charges under s 26A and s 26D of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 ("the Act") – Detention under s 13(1) of the Security Offences (Special Measures) Act 2012 ("SOSMA") pending trial – Application for bail dismissed by High Court and Court of Appeal – Whether s 13 of the SOSMA constitutional – Whether s 26A and s 26D of the Act fell within ambit of SOSMA – Whether Federal Court lacked jurisdiction since no appeal filed from lower court's dismissal of bail – Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007, ss 26A, 26A-26K, 26D, Part IIIA – Federal Constitution, Articles 5, 8, 8(1), (2), 9, 10, 13, 121, 149, 149(1)(a)-(f) – Rules of the Federal Court 1995, rules 102(4), 106, 137 – Security Offences (Special Measures) Act 2012, s 13, 13(1), (2), First Schedule

Dato’ Dr Mahmud bin Mohd Nor (as the Chairman of the Preliminary Investigation Committee I, Malaysian Medical Council) & Anor v Dr Mohd Ismail bin Abdul Hamid [2023] 5 AMR 491, CA

Professions – Medical practitioners – Disciplinary proceedings – High Court held recommendation by Preliminary Investigation Committee ("PIC") against medical practitioner invalid due to improper constitution of PIC in contravention of reg 26 of the Medical Regulations 1974 ("the Regulations") – Whether challenge to PIC's recommendation premature – Whether "shall" in reg 26 of the Regulations mandatory in nature – Whether PIC's acts valid despite vacancy therein – Medical Act 1971, s 30 – Medical Regulations 1974, reg 26, 26(2), (3), (4) – Medical Regulations 2017, reg 37(7)

Mohamed Yusoff bin Shaik Madar v Nor Hazliza binti Ismail & Anor [2023] 5 AMR 518, HC

Civil procedure – Striking out – Appeal – Sessions Court struck out defamation suit on ground of non-compliance with judicial review procedure – High Court heard appeal after enforcement of amendment to s 68(1) of the Courts of Judicature Act 1964 and dismissed striking out application – Whether right to appeal against High Court's decision to strike out writ or pleading exists in light of amendment to s 68 of the CJA – Whether suit ought to have been struck out – Whether appellate intervention warranted – Courts of Judicature Act 1964, ss 28(1), 68(1), (1)(f) – Rules of Court 2012, Order 53

UOB Kay Hian Securities (M) Sdn Bhd v Lim Woi Keat [2023] 5 AMR 534, HC

Contract – Breach – Sale of shares – Orders placed above trading limits due to technical glitch on multimarket trading platform – Claim for contra losses due to forced sale of shares – Counterclaim on negligence and breach of contract – Whether liable for losses attributable to undue advantage – Whether counterclaim ought to be allowed – Contracts Act 1950, s 29

Securities – Shares – Trading – Orders placed above trading limits due to technical glitch on multimarket trading platform – Claim for contra losses due to forced sale of shares – Counterclaim on negligence and breach of contract – Whether liable for losses attributable to undue advantage – Whether counterclaim ought to be allowed – Contracts Act 1950, s 29

Tort – Negligence – Duty of care – Breach – Orders placed above trading limits due to technical glitch on multimarket trading platform – Claim for contra losses due to forced sale of shares – Counterclaim on negligence and breach of contract – Whether liable for losses attributable to undue advantage – Whether counterclaim ought to be allowed – Contracts Act 1950, s 29

Yong Jia Hui v Chan Seh Wai [2023] 5 AMR 555, HC

Family law – Children – Maintenance – Application for attachment of earnings – Joint custody of children of marriage granted – Husband ordered to pay child maintenance – Educational and medical expenses to be shared equally – Whether amount claimed included in definition of "maintenance order" – Whether husband bound to pay expenses for wife's unilateral decisions pertaining to children – Whether application ought to be allowed in interest of justice – Guardianship of Infants Act 1961, s 3 – Married Women and Children (Enforcement of Maintenance) Act 1968, s 4 – Married Women and Children (Maintenance) Act 1950, s 3

York (Malaysia) Sales & Service Sdn Bhd v Bina Puri Sdn Bhd [2023] 5 AMR 564, HC

Company law – Winding up – Petition – Non-compliance with statutory demand under s 466 of the Companies Act 2016 – Inability to pay debt – Whether judgment debt required to initiate winding-up petition – Whether company commercially solvent – Whether petition bad in law for flawed service of statutory notice and lack of jurisdiction – Whether petition abuse of court's process – Whether petition causing irreparable loss to company's business and reputation – Companies Act 2016, s 466 – Companies (Winding-Up) Rules 1972, rule 18(1)