All Malaysia Reports (AMR) - Week 9 (Part 1)
Karun Klasik Sdn Bhd v Tenaga Nasional Berhad [2023] 2 AMR 101, CA
Public authorities – Statutory body – Supply of electricity – Wrongful disconnection of cold storage containing perishable goods – Appeal against order of assessment of nominal sum towards damages caused due to wrongful disconnection – Whether nominal sum as damages justified – Whether claim for loss of wages sustainable
Koperasi Permodalan Felda Malaysia Berhad v Icon City Development Sdn Bhd (dahulunya dikenali sebagai “Sierra Peninsular Development Sdn Bhd”) & Anor [2023] 2 AMR 117, CA
Contract – Breach – Sale and purchase agreement – Claim for liquidated ascertained damages for delay in delivering vacant possession of properties and conspiracy between project developer and architect – Architect issued letters extending statutory date of delivery – Whether architect's letters valid extensions of time – When was vacant possession of properties delivered – Whether damages need to be proved – Whether claim of conspiracy tenable – Housing Development (Control and Licensing) Regulations 1989, Schedule H
Wahbunga Realty Sdn Bhd & 7 Ors v Dato‘ Sri Andrew Kam Tai Yeow (and 5 Other Appeals) [2023] 2 AMR 137, CA
Contract – Breach – Shareholders agreement – Appeal against High Court order dismissing striking out applications and allowing interlocutory injunctions – Whether appeals ought to be allowed – Contracts Act 1950, s 26
Airpak Express (M) Sdn Bhd v Nationwide Express Distribution Sdn Bhd & 2 Ors [2023] 2 AMR 154, HC
Civil procedure – Discovery and inspection of documents – Application for – Breach of acquisition agreement for failure to keep sufficient funds to meet liabilities – Internal communication between group of companies involved in acquisition of applicant company sought – Whether documents sought qualify as "documents" in context of discovery application – Whether documents relevant – Whether documents in possession, custody or power of defendants – Whether application fishing expedition
Habib Abdul Rahman bin Habib Mahmud v Growth Enterprise Sdn Bhd [2023] 2 AMR 169, HC
Contract – Breach – Lease agreement – Claim to rescind agreement for misrepresentation, mistake of fact and/or inequality of bargaining power – Allegation of executed agreement's deviation from prior draft on rental amount – Counterclaim for specific performance – Whether parties entitled to claim or counterclaim – Contracts Act 1950, ss 21, 23 – Rules of Court 2012, Order 18 r 12(1)(a)
HSBC International Trustee Limited & Anor v Tan Boon Thien (dalam kapasiti peribadinya dan sebagai wasi harta pusaka Tan Kim Choo, si mati) (and Another Originating Summons) [2023] 2 AMR 182, HC
Civil procedure – Judgments and orders – Order of High Court of Singapore – Registration and enforcement of orders of High Court of Singapore challenged on ground of lack of jurisdiction, prejudice and breach of public policy – Whether High Court of Singapore lacked jurisdiction to pass orders – Whether requirements under ss 3 and 4 of the Reciprocal Enforcement of Judgments Act 1958 fulfilled – Whether registration application premature and prejudicial to defendant's rights – Whether registration and enforcement of orders contrary to public policy of Malaysia – Reciprocal Enforcement of Judgments Act 1958, ss 3, 4, 5(1), First Schedule – Supreme Court of Judicature Act 1969 (Singapore), s 41