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All Malaysia Reports (AMR) - Week 51 (Part 2)

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Content updates

Recently added cases from AMR to Westlaw Asia

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)

 

By Thomson Reuters Malaysia Editorial Team
Malaysia Editorial Team

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