Fimbank Plc v Pemilik Dan/Atau Pencarter Demis Kapal Atau Vesel "Nika" Kini Dikenali Sebagai "Bao Lai" [2023] 8 AMR 117, FC

Admiralty – Action in rem – Appeal – Application to extend validity of writ in rem for sixth time dismissed by courts below – Whether service of writ to be effected once vessel enters jurisdiction – Vessel had not entered Malaysian waters since issuance of writ – Whether court may exercise its inherent powers to renew writ in rem beyond fifth time to prevent injustice where service of writ was impossible – Whether five-time limit of extension/renewal imposed by Order 6 r 7(2) of the Rules of Court 2012 ("the ROC") absolute, stringent and applicable – Whether Order 70 of the ROC prevailed over other provisions of the ROC in the event of conflict – Whether Order 6 r 7(2) of the ROC intended to abrogate or defeat claimant's accrued statutory rights to prosecute claim in rem – Whether court ought to allow renewal of writ for as long as vessel does not enter jurisdiction – Rules of Court 2012, Order 6 r 7(2), Order 70, Order 92 r 4

Civil procedure – Admiralty proceedings – Service of writ in rem – Application to extend validity of writ for sixth time dismissed by courts below – Whether service to be effected once vessel enters jurisdiction – Vessel had not entered Malaysian waters since issuance of writ – Whether court may exercise its inherent powers to renew writ in rem beyond fifth time to prevent injustice where service of writ was impossible – Whether five-time limit of extension/renewal imposed by Order 6 r 7(2) of the Rules of Court 2012 ("the ROC") absolute, stringent and applicable – Whether Order 70 of the ROC prevailed over other provisions of the ROC in the event of conflict – Whether Order 6 r 7(2) of the ROC intended to abrogate or defeat claimant's accrued statutory rights to prosecute claim in rem – Whether court ought to allow renewal of writ for as long as vessel does not enter jurisdiction – Rules of Court 2012, Order 6 r 7(2), Order 70, Order 92 r 4

Shipping and maritime – Action in rem – Carriage of goods – Appeal – Application to extend validity of writ in rem for sixth time dismissed by courts below – Whether service of writ to be effected once vessel enters jurisdiction – Vessel had not entered Malaysian waters since issuance of writ – Whether court may exercise its inherent powers to renew writ in rem beyond fifth time to prevent injustice where service of writ was impossible – Whether five-time limit of extension/renewal imposed by Order 6 r 7(2) of the Rules of Court 2012 ("the ROC") absolute, stringent and applicable – Whether Order 70 of the ROC prevailed over other provisions of the ROC in the event of conflict – Whether Order 6 r 7(2) of the ROC intended to abrogate or defeat claimant's accrued statutory rights to prosecute claim in rem – Whether court ought to allow renewal of writ for as long as vessel does not enter jurisdiction – Rules of Court 2012, Order 6 r 7(2), Order 70, Order 92 r 4

Lim Keng Jit (Membawa tindakan ini dalam kapasitinya sebagai ahli yang diberikuasa di bawah seksyen 9(c) Akta Pertubuhan 1966 bagi dan untuk Persatuan Penduduk Parkville Jalan PJU 3/32-3/37 Sunway Damansara, Petaling Jaya, Selangor) v Majlis Bandaraya Petaling Jaya [2023] 8 AMR 139, CA

Administrative law – Remedies – Judicial review – Appeal against – Local authority rejected application of residents association to impose condition that non-paying residents have to operate boom gates without security guards' assistance – Whether condition in larger interest of community – Whether larger interest of community prevails over rights of individuals – Whether condition unreasonable – Whether there ought to be sense of collective responsibility towards greater good to ensure safety and security of residential area – Whether local council's decision liable to be quashed – Whether non-challenge to previous approval and guidelines fatal – The applicability of decision in Au Kean Hoe v Persatuan Penduduk D'Villa Equestrian – Local Government Act 1976 – Rules of Court 2012, Order 53 r 2(4)

Cobrain Holdings Sdn Bhd v Kasugi Prima Sdn Bhd (and Another Originating Summons) [2023] 8 AMR 159, HC

Arbitration – Award – Enforcement – Application for – Failure to pay sums due under arbitration award – Whether award enforceable – Whether award in breach of principles of natural justice – Whether arbitrator wrongfully and/or prematurely invoked power under s 21(3)(b) of the Arbitration Act 2005 – Whether award liable to be set aside – Arbitration Act 2005, ss 21(3)(b), 37, 38, 50 – Construction Industry Payment and Adjudication Act 2012

Arbitration – Award – Setting aside – Application for – Failure to pay sums due under arbitration award – Whether award in breach of principles of natural justice – Whether arbitrator wrongfully and/or prematurely invoked power under s 21(3)(b) of the Arbitration Act 2005 – Whether award liable to be set aside – Arbitration Act 2005, ss 21(3)(b), 37, 38, 50 – Construction Industry Payment and Adjudication Act 2012

Institut Akauntan Malaysia v Kok Kon Sang [2023] 8 AMR 180, HC

Civil procedure – Stay – Application for – Contention that response from Chief Justice ("CJ") and Chief Judge of Malaya ("CJM") needed to defendant's letter inquiring if he was blacklisted in courts record – Defendant allegedly had lost cases and not obtained favorable judgment from any court in Malaysia for past 15 years despite having good case – Whether response from CJ and/or CJM affect/prejudice any party to suit – Whether special circumstances warranting stay of proceedings – Whether application vexatious – Whether grant of stay would delay hearing and prejudice plaintiff

Mutual Way Lime Products v Gangga Marbles Sdn Bhd & Anor [2023] 8 AMR 188, HC

Land law – Transfer – Fraud – Negligence – Land granted by Land Office consisted of owner's land resulting in alleged overlapping of lands – Whether encroachment of land proved – Whether subsequent grant of land vitiated by fraud and/or negligence – Whether damages ought to be granted to landowner – National Land Code, s 396(1)

Tort – Negligence – Damages – Land granted by Land Office consisted of owner's land resulting in alleged overlapping of lands – Whether encroachment of land proved – Whether subsequent grant of land vitiated by fraud and/or negligence – Whether damages ought to be granted to landowner – National Land Code 1965, s 396(1)

Nemonia Investments Ltd v AmBank Islamic Berhad & 3 Ors [2023] 8 AMR 201, HC

Banking law – Banking facilities – Fraudulent transaction – Funds from company's bank account held in defendant banks credited to scammers – Transactions done based on instructions from instructing bank through notices issued according to SWIFT system – Notices regarding invalid payments and fraudulent transactions issued to banks – Whether banks owed duty of care to company – Whether banks breached that duty of care – Whether banks negligent in not ensuring fraudulent transaction identified and stopped when money received – Anti-Money Laundering, Anti-Terrorism Financing and Proceedings of Unlawful Activities Act 2001, ss 14, 22

Tort – Negligence – Duty of care – Breach of – Claim for damages – Funds from company's bank account held in defendant banks credited to scammers – Transactions done based on instructions from instructing bank through notices issued according to SWIFT system – Notices regarding invalid payments and fraudulent transactions issued to banks – Whether banks owed duty of care to company – Whether banks breached that duty of care – Whether banks negligent in not ensuring fraudulent transaction identified and stopped when money received – Anti-Money Laundering, Anti-Terrorism Financing and Proceedings of Unlawful Activities Act 2001, ss 14, 22