Kuala Terengganu Specialist Hospital Sdn Bhd & Anor v Ahmad Thaqif Amzar bin Ahmad Huzairi (claiming through mother and her litigation representative, Majdah binti Mohd Yusof) (and 2 Other Appeals) [2022] 8 AMR 317, CA

Tort – Negligence – Medical negligence – Appeal against findings on liability, quantum and award of aggravated damages – Claim by infant plaintiff through his mother and litigation representative – Finding of contributory negligence on part of plaintiff's parents who were not parties to the action – Whether appellate intervention warranted in findings of liability and damages awarded – Civil Law Act 1956, s 12(1)

MyTeksi Sdn Bhd & 2 Ors v Competition Commission [2022] 8 AMR 341, CA

Civil procedure – Judicial review – Appeal – Dismissal of application for review of proposed decision issued under s 36(1) of the Competition Act 2010 – Whether proposed decision a final decision amenable to judicial review – Whether internal remedy of appeal to Competition Appeal Tribunal ought to have been exhausted – Whether application premature – Whether High Court empowered to direct application be heard ex parte – Competition Act 2010, ss 35, 36, 36(1), 39, 40, 44, 51 – Rules of Court 2012, Order 53 rr 2(4), 3, 8(1)

Competition law – Proposed decision – Judicial review – Appeal against dismissal of application for review of proposed decision issued under s 36(1) of the Competition Act 2010 – Whether proposed decision a final decision amenable to judicial review – Whether internal remedy of appeal to Competition Appeal Tribunal ought to have been exhausted – Whether application premature – Whether High Court empowered to direct application be heard ex parte – Competition Act 2010, ss 35, 36, 36(1), 39, 40, 44, 51 – Rules of Court 2012, Order 53 rr 2(4), 3, 8(1)

Badan Peguam Malaysia v Menteri Sumber Manusia & Anor [2022] 8 AMR 360, HC

Civil procedure – Judicial review – Extension of time – Application for – Non-compliance with timeframe specified in Order 53 r 3(6) of the Rules of Court 2012 – Whether fatal – Pembangunan Sumber Manusia Berhad Act 2001, Part 1 of First Schedule – Rules of Court 2012, Order 53 r 3(6), (7)

BGMC Corporation Sdn Bhd (previously known as B&G Corporation Sdn Bhd) v Sime Darby Property (KL East) Sdn Bhd (previously known as Sime Darby Melawati Development Sdn Bhd) [2022] 8 AMR 369, HC

Civil procedure – Injunction – Application for – Contractual disputes pertaining to claim for costs paid to rectify defective works – Application to restrain from calling on bank guarantee pending arbitration of disputes – Whether conduct of calling on bank guarantee unconscionable – Whether failure to make full and frank disclosure when obtaining ex parte interim injunction – Whether serious bona fide issues to be tried – Balance of convenience – Whether damages an adequate remedy – Prevention and Control of Infectious Diseases Act 1988 – Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (COVID-19) Act 2020, s 7

Mohd Azril bin Md Ghazali v Johor Port Berhad [2022] 8 AMR 392, HC

Contract – Breach – Bond agreement – Resignation prior to expiry of bond period agreed upon – Whether letter of offer of employment and agreement valid and enforceable – Whether breach of terms of agreement– Whether liquidated damages as agreed under bond agreement liable to be paid – Contracts Act 1950, ss 21, 24(a), (b), (c) – Port Authorities Act 1963, s 29CA

PEN v KAL & Anor [2022] 8 AMR 406, HC

Family law – Children – Adoption – Application for – Illegitimate child of Muslim domestic worker who went missing after birth of child, raised in Chinese tradition and culture – Whether Adoption Act 1952 ("Adoption Act") applicable in the circumstances – Whether consent of biological parents obtained/dispensed with – Whether s 12 of the Adoption Act complied with – Whether child's welfare the paramount consideration in application for adoption – Adoption Act 1952, ss 5, 6, 12