22 and 23 of 1991 Sibu High Court

Tseng Choon Chin @ Tay Bak Hui & 5 others

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Ling Kuok Teck & Anor and Yii Ping Hiong & Anor

Whether or not the defendants obtained any interests in the land by virtue of the agreement with the developer where the developer is not the owner of the land being developed? Effect of the sale and purchase agreement when the developer was declared a bankcrupt. Duty of counsel when claiming for damages.

29-12-2006

Plaintiffs' claim for possession granted. Defendants' claim dismissed with costs.

12-6-2006-III

JEC Designabuild Sdn. Bhd.

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Bunga Kembang

Whether there are triable issues raised in the defence? Whether affidavit evidences can be used to improve the defence? Effect of failure to protest incorrect invoices promptly.

31-10-2006

Appeal dismissed. (2007) 1 AMR 578

KG 108 - 1994 III

Hj Sophii b Hj Nawi

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SLDB & 2 others

Whether an order of the court of appeal refusing leave to quast the termination letter of the 1st defendant affects this action by writ by the plaintiff? Should the 1st defendant seek remedy from the Industrial Court bearing in mind that he is asking for reinstatement of his employment?

29-09-2006

Plaintiff's claim dismissed with costs. The 1st defendant shall obtained the release of the contributed sum of RM45,986.85. from the 4th defendant within 6 months, failing which the 1st defendant shall pay the plaintiff the contributed sum together with interests of 4% from the date of writ to the date of judgment and thereafter 8% till full payment of the contributed amount.

22-60-2003 III(II)

Bennis Engineering Sdn Bhd

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Hong Leong Assurance Sdn Bhd

Application for security of costs under section 351 company Act against plaintiff who is under liquidation. The relevant principles examined.

29-09-2006

A sum of RM 67,000.00 for security for costs to be provided by the Plaintiff which shall be in the form of cash or bank cheque to be paid into the registry of the High Court, Kuching, within 40 days from the date of this order

22-99-1999-III (I)

Jalang Ak Paran & Anor

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Government of the State Sarawak

Whether or not section 5 (3) and (4) of the Sarawak Land Code infringe the Federal Constitution? Whether or not the plaintiffs are estopped from challenging the Direction extinguishing the native customary rights of the plaintiffs? Should the plaintiffs taken the judicial review route rather the writ action?

29-09-2006

The pliantiff's claim is dismissed with costs.(2007) 1 AMR 39.

45-06-04-III(II)

Public Prosecutor

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Munan Ak. Dindang @ Mohd.

Whether or not the accused had the intention to cause injuries sufficient to cause death to the deceased? Section 302 Penal code considered.

27-09-2006

Accused found guilty of section 304(a) of the Penal Code. Sentenced to 15 years.

22-36-2002-III (II)

Arab-Malaysian Merchant Bank Berhad

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Foreswood Industries Sdn. Bhd. & 4 ors.

Legal effect of a Certificate of indebtedness against guarantors to a loan - applied the latest Federal Court decision.

14-08-2006

Judgment for the Plaintiff in the sum of RM5,187,000.00 together with interests and costs.

22-33-1998-III(I)

PGC Golf Management Sdn Bhd

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Sarawak Stadium Corporation

Principle of interpretation of a tenancy agreement. Whether or not equity should intervene in the circumstance of the case.

26-06-2006

Plaintiff's claim dismissed with costs. Judgment for the Defendant's counterclaim of RM23,081.06 with interests and costs. (2006) 7CLJ 153-228.

22-132-1999-III (II)

Ho Kok Thin & another

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KMA Marketing Sdn. Bhd.

Whether or not the sublease is a continuation of the previous tenancies? Whether or not the corporate veil should be lifted? Principles in proving damages discussed.

23-06-2006

Judgment in the sum of RM16,500.00 (RM12,000 RM3000.00(removal costs) RM1500.00 (repair for damages resulting from removal of electrical accessories) for the Plaintiffs with interests thereon. The Defendant?s counterclaim of RM19,586.00 is dismissed. Each party to bear its own costs. (2006) 7 MLJ 152, (2007) 1 CLJ 188.

OS-24-60-2005-III(II)

Malayan Banking Berhad

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Marilyn Ho Siok Lin

Whether the plaintiff is entitled to the full sale price under a BBA Banking facilities in a forclosure sale of the charged property.

08-06-2006

Order of sale granted to recover only the sum RM598,689.10 as at 31st May, 2006 and profit per day thereafter at RM106.16 until the date of satisfaction of the sum owing under the charge. Judgment of Affin Bank Berhad v Zulkifli Abdullah 2006 1 CLJ 438 followed. (Judgment has been lodged to Court of Appeal). (2006) 3 CLJ 796.