Chong Chee Piao & 4 Ors v Koh Wah Leong (sebagai Pengerusi Pertubuhan Penganut-Penganut Ting Leong Keng Lee Hu Tong Chu, Pantai Remis, Manjong, Perak) [2023] 8 AMR 569, CA

Land law – Ownership – Possession of land – Appeal – High Court allowed claim of occupier of land premised on purported constructive trust created for construction of temple – Survey plan of land adduced as fresh evidence post-trial at appeal stage – Whether constructive trust created over entire land – Whether counterclaim time-barred – Whether High Court's order tenable – Whether fresh evidence adduced at appeal stage admissible – Limitation Act 1953, s 9(1) – National Land Code 1965

Tort – Trespass – Appeal – High Court allowed claim of occupier of land premised on purported constructive trust created for construction of temple – Survey plan of land adduced as fresh evidence post-trial at appeal stage – Whether constructive trust created over entire land – Whether counterclaim time-barred – Whether High Court's order tenable – Whether fresh evidence adduced at appeal stage admissible – Limitation Act 1953, s 9(1) – National Land Code 1965

Khalid bin Abd Samad v Dato Seri Tajuddin Abdul Rahman (and Another Appeal) [2023] 8 AMR 594, CA

Civil procedure – Costs – No order as to costs – Appeal against – High Court refused to award costs to successful parties in defamation suit on ground of suit being public interest case – Whether appellate interference warranted – Whether suit was private action or public interest litigation – Whether discretion under Order 59 rr 2 and 8 of the Rules of Court 2012 ought to have been exercised – Whether winning parties entitled to costs – Rules of Court 2012, Order 59 rr 2, 8

Shim Vui Geh v Dayang Masturah bt Sahari (and Another Appeal) [2023] 8 AMR 607, CA

Contract – Agreement – Loan agreement – Breach – Appeal against – Dismissal of lender's counterclaim that he was lawful and valid registered proprietor of lands furnished as securities for loans – Lender loaned with no element of charge – Interest only chargeable on amount outstanding – Declaration prayed that loans taken were null and void, being illegal moneylending transactions – Whether transactions friendly loan or illegal moneylending transaction – Whether security for loans allowed to be taken by way of outright transfer on defaulted in payment of loans – Whether transfer of lands to lender, duly registered in his name liable to be set aside – Whether counterclaim for tort of injurious falsehood and abuse of process could be sustained – Moneylenders Act 1951, ss 10OA, 15, 17A – Land Ordinance (Cap 68) (Sabah), Schedule XIII

Moneylenders – Moneylending agreement – Appeal against – Dismissal of lender's counterclaim that he was lawful and valid registered proprietor of lands furnished as securities for loans – Lender loaned with no element of charge – Interest only chargeable on amount outstanding – Declaration prayed that loans taken were null and void, being illegal moneylending transactions – Whether transactions friendly loan or illegal moneylending transaction – Whether security for loans allowed to be taken by way of outright transfer after borrowers defaulted in payment of loans – Whether transfer of lands to lender, duly registered in his name liable to be set aside – Whether counterclaim for tort of injurious falsehood and abuse of process could be sustained – Moneylenders Act 1951, ss 10OA, 15, 17A – Land Ordinance (Cap 68) (Sabah), Schedule XIII

Mah Sing Properties Sdn Bhd v Tan Mee Su & Anor [2023] 8 AMR 638, HC

Contract – Breach – Sale and purchase agreement – Claim for liquidated ascertained damages ("LAD") for failure to deliver vacant possession within stipulated time – Whether extension of time granted to developer contractually valid – Whether vacant possession of property delivered within valid timeframe – Whether purchaser entitled to LAD – Whether delay attributable to developer

Tan Ying Shi v Lembaga Kumpulan Wang Simpanan Pekerja & Anor [2023] 8 AMR 648, HC

Family law – Ancillary relief – Matrimonial asset – Divorced wife seeking monies from deceased husband's Employees Provident Fund ("EPF") account, due under court order – Deceased appointed his mother as nominee – Whether application delayed being filed after 18 months from death of deceased – Whether such delay and lack of prompt action satisfactorily explained – Whether claim for EPF monies fell under "matrimonial asset" in s 53A of the Employees Provident Fund Act 1991 ("the Act") – Whether claim contrary to s 51 of the Act – Employees Provident Fund Act 1991, ss 51, 53A

Tee Joo Teik (as the executor of the estate of Mr Bong Yam Keng (the deceased)) v Lee Hon Kit [2023] 8 AMR 656, HC

Civil procedure – Summary judgment – Application for – Executor of deceased's estate sought recovery of outstanding sum arising out of loan agreements granted by deceased to borrower – Whether there was evidence of agreement or disbursement of loans – Whether action premature – Whether non-stamping of agreements fatal to claim – Whether triable issues raised