Public Prosecutor v Lim Poo Teck [2024] 1 AMR 485, CA

Criminal procedure – Acquittal or discharge – Appeal against – Accused charged under s 302 of the Penal Code – Prima facie case established – High Court acquitted and discharged accused on ground of unsoundness of mind – Whether acquittal and discharge erroneous – Whether decision premature – Whether incumbent upon High Court judge to call for defence after prima facie case established by prosecution – Criminal Procedure Code, s 180 – Penal Code, s 302

Tetap Tiara Sdn Bhd v Pengurusan Perbadanan Jaya One & 21 Ors (and 2 Other Appeals) [2024] 1 AMR 499, CA

Building and common property – Management corporation – Rights and duties – Developer applied for injunction to restrain management corporation ("MC") from preventing it from voting in annual general meeting ("AGM") – MC applied for injunction to restrain its committee members, employees, property managers, and/or agents from convening, calling the AGM and extraordinary general meeting ("EGM") – Whether there were bona fide serious issues to be tried – Whether MC could injunct itself from proceeding with the AGM and/or any EGM – Whether injunction from calling AGM/EGM would adversely affect parcel owner's rights – Whether voting rights in AGM could be precluded on ground of alleged arrears – Courts of Judicature Act 1964, paragraph 8 of Schedule – Strata Management Act 2013, paragraph 21(1) of Second Schedule – Strata Management (Maintenance and Management) Regulations 2015 – Strata Titles Act 1985

Civil procedure – Injunctions – Interim injunction – Appeal – Developer applied for injunction to restrain management corporation ("MC") from preventing it from voting in annual general meeting ("AGM") – MC applied for injunction to restrain its committee members, employees, property managers, and/or agents from convening, calling the AGM and extraordinary general meeting ("EGM") – Whether there were bona fide serious issues to be tried – Whether MC could injunct itself from proceeding with the AGM and/or any EGM – Whether injunction from calling AGM/EGM would adversely affect parcel owner's rights – Whether voting rights in AGM could be precluded on ground of alleged arrears – Courts of Judicature Act 1964, paragraph 8 of Schedule – Strata Management Act 2013, paragraph 21(1) of Second Schedule – Strata Management (Maintenance and Management) Regulations 2015 – Strata Titles Act 1985

Sofia binti Yusof (trading under the name and style of Warisan Prestasi Resources) v PV Power Engineering Sdn Bhd [2024] 1 AMR 522, HC

Contract – Breach – Illegality – Claim for balance payment for services rendered – Defence raised on ground of illegality of agreement against public policy and/or failure to provide services in full – Whether agreement legal and enforceable – Whether agreement against public policy – Whether sums paid under such agreement ought to be returned – Whether counterclaim for restitution valid on ground of unjust enrichment – Contracts Act 1950, s 24(e)

Contract – Service agreements – Illegality – Claim for balance payment for services rendered – Defence raised on ground of illegality of agreement against public policy and/or failure to provide services in full – Whether agreement legal and enforceable – Whether agreement against public policy – Whether sums paid under such agreement ought to be returned – Whether counterclaim for restitution valid on ground of unjust enrichment – Contracts Act 1950, s 24(e)

SproutyPod Inc & Anor v Daniel Paul Schurer [2024] 1 AMR 551, HC

Tort – Defamation – Libel – Damages – Director of company ("author") wrote email to company's bank to stop transfer funds initiated by other director/CEO to his personal account without authorisation or intimation ("first publication") – Post on crowdfunding portal issued by author to inform donors about controversy regarding fund transfers ("second publication") – Whether first and second publications defamatory against company and/or CEO – Whether defence of justification and/or qualified privilege available to author – Whether company's losses attributable to first and second publications – Whether company and CEO entitled to damages against author – Whether claim of unlawful interference with trade tenable against author

Tort – Unlawful interference with trade – Damages – Director of company ("author") wrote email to company's bank to stop transfer funds initiated by other director/CEO to his personal account without authorisation or intimation ("first publication") – Post on crowdfunding portal issued by author to inform donors about controversy regarding fund transfers ("second publication") – Whether first and second publications defamatory against company and/or CEO – Whether defence of justification and/or qualified privilege available to author – Whether company's losses attributable to first and second publications – Whether company and CEO entitled to damages against author – Whether claim of unlawful interference with trade tenable against author