All Malaysia Reports (AMR) - Week 51 (Part 2)
GMP Kaisar Security (M) Sdn Bhd v Mohamad Amirul Amin bin Mohamed Amir [2022] 8 AMR 745, FC
Tort – Vicarious liability – Damages – Appeal against award of damages – Intentional wrong committed – Whether as a matter of law, employer vicariously liable for actions of employee – Whether failure to make clear finding of liability for particular tort against tortfeasor – Whether close connection test wrongly applied
Compugates Development and Mining Sdn Bhd v Main Uptown Sdn Bhd [2022] 8 AMR 768, HC
Contract – Breach – Joint venture agreement ("JVA") – Agreement entered into for commercial development of land – Land eventually acquired – Compensation sum awarded – Whether application for development order applied for within stipulated time – Whether sum paid as liquidated damages can be forfeited – Whether developer or registered proprietor of land entitled to compensation sum – Whether JVA terminated and/or null and void – Whether developer entitled to its counterclaims – Whether developer entitled to reimbursement for costs incurred on development of land – Land Acquisition Act 1960 – Town and Country Planning Act 1976
Khor Chin Miaw v Frank Theodorus Van de Ven [2022] 8 AMR 802, HC
Family law – Divorce – Decree nisi and decree absolute – Setting aside – Whether decrees improperly obtained and null and void – Whether appeal or application to set aside decrees – Whether court lacked jurisdiction to grant decrees – Law Reform (Marriage and Divorce) Act 1976, ss 48, 48(1)(c), 49, 106
Ng Lay Guek v Mammoth Empire Land Sdn Bhd [2022] 8 AMR 818, HC
Company law – Winding up – Leave to continue with action or proceeding – Leave sought to continue with appeal against dismissal of originating summons – Claim monetary in nature – Whether prima facie case exists – Whether claim could be adequately dealt with by winding-up court – Whether balance of convenience favoured grant of leave as prayed for – Whether leave if granted would offend pari passu principle – Companies Act 2016, s 471
Public Prosecutor (Sarawak Forestry Corporation) v Toh Tung Kit @ Tou Tung Kit [2022] 8 AMR 832, HC
Criminal procedure – Revision – Application for – Plea of guilt to charges of possessing wild animal parts without licence – Order of probation of good conduct imposed – Whether order manifestly inadequate – Whether appeal ought to have lodged or application for revision made – Criminal Procedure Code, s 294, Part VII – Wild Life Protection Ordinance 1998 (Sarawak)
Teh Seak Ling v Sim Kian Heng [2022] 8 AMR 841, HC
Family law – Division of matrimonial assets – Matrimonial home – Claim for portion of value – Whether entitled – Matrimonial home purchased prior to registration of marriage – Loan account for financing in joint names – Whether matrimonial home a matrimonial asset – Law Reform (Marriage and Divorce) Act 1976, s 76(1), (2), (5)