Ismail Nasaruddin bin Abdul Wahab v Malaysian Airline System Bhd [2022] 7 AMR 641, FC
Labour law – Employment – Dismissal – Appellant a union leader, dismissed for misconduct for issuing press statement highlighting plight of union members and calling for resignation of respondent's CEO – Whether press statement amounted to participation in lawful activities of trade union and was not unreasonable, malicious, or knowingly or recklessly false – Whether employee may be dismissed for participation in trade union activities carried out in capacity as trade union officer or member – Whether union officer speaking on behalf of trade union obliged to exhaust trade dispute processes under ss 18, 19 and 26 of the Industrial Relations Act 1967 before issuing press statement – Whether dismissal of appellant was without just cause or excuse – Whether appellant victimised and subjected to unfair labour practice by reason of his position as union leader – Employment Act 1955, s 8 – Industrial Relations Act 1967, ss 4(1), 5(1), 5(1)(d)(ii), 8, 18, 19, 26, 59 – Trade Union Act 1959, ss 2, 21, 22

Detik Ria Sdn Bhd & Anor v Prudential Corporation Holding Limited & Anor [2022] 7 AMR 669, CA
Contract – Rescission – Sale of shares – Call/put option agreement ("CPOA") and supplemental call/put option agreement ("SCPOA") – First defendant granted call option in respect of its shares to second plaintiff under CPOA but subsequently decided to maintain its shareholding and rescinded exercise of put option – Whether object and consideration of CPOA and SCPOA lawful – Whether agreements not void and invalid – Whether CPOA and the SCPOA were conditional agreements – Whether prior written approval of Bank Negara Malaysia a condition precedent before entering into CPOA – Whether defendants' plea of restitution not applicable – Contracts Act 1950, ss 24, 36 – Financial Services Act 2013, ss 272, 272(l) – Insurance Act 1996, s 67, 67(1), (3), 68 – National Land Code 1965, s 214A

Public Prosecutor v Taing Haw Kwong (and Another Appeal) [2022] 7 AMR 713, CA
Dangerous drugs – Appeal – Appeal against conviction and sentence – Offences of trafficking and possession – Whether offences proved – Whether adverse inference ought to drawn against prosecution for failing to offer witness to defence – Whether accused prejudiced by High Court's failure to intimate whether defence was called on direct or presumed trafficking – Whether offences proved – Whether sentences imposed ought to be maintained – Dangerous Drugs Act 1952, ss 12(2), 37(da), 39B(1)(a), (2A) – Evidence Act 1950, s 8

E Trend Realty Sdn Bhd & Anor v Golden Hope Frozen Food Sdn Bhd [2022] 7 AMR 735, HC
Evidence – Admissibility – Fresh evidence – Application for – Fresh evidence sought to be admitted not available to appellants at trial and purportedly would have had or likely to have had determining influence on decision of court below – Whether conditions for admission of fresh evidence satisfied

Suresh a/l Karpaya v Pendakwa Raya [2022] 7 AMR 742, HC
Criminal law – Sexual offences against children – Sexual assault – Appeal against conviction and sentence – Victim an eight year old child – Alleged discrepancies and contradictions in witnesses' evidence – Whether fatal to prosecution's case – Whether offence proved beyond reasonable doubt – Whether sentenced imposed in accordance with law – Whether appellate intervention warranted – Criminal Procedure Code, ss 402A, 422(c) – Evidence Act 1950, ss 114(g), 118, 133A, 167 – Sexual Offences Against Children Act 2017, s 14(a)

Criminal procedure – Appeal – Appeal against conviction and sentence – Sexual assault – Conviction and sentence of six years' imprisonment and two strokes of whipping for offence against eight year old child under s 14(a) of the Sexual Offences Against Children Act 2017 – Alleged discrepancies and contradictions in witnesses' evidence – Whether fatal to prosecution's case – Whether offence proved beyond reasonable doubt – Whether sentenced imposed in accordance with law – Whether appellate intervention warranted – Criminal Procedure Code, ss 402A, 422(c) – Evidence Act 1950, ss 114(g), 118, 133A, 167 – Sexual Offences Against Children Act 2017, s 14(a)