22-150-2010-III

Lina Soo

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Ngu Chu Chiong @ Ngu Chiong

Adultery - Damages for adultery - Section 58 of the Law Reform (Marriage and Divorce) Act 1976 Whether the action based on common law tort of adultery is misconceived? Whether adultery action can be pursued outside of matrimonial proceedings? Whether damages on bigamy allegation relevant? Whether holding reception tantamount to contracting marriage?

04-08-2011

No award of damages to be made. The claim is dismissed with cost of RM10,000 to the Defendant.

22-55-2010-I/III

Mohd Nasir Bin Haji Daing Hosen

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Hasimah Binti Goslih AND OTHERS

Plaintiff purchased land from defendant Claim for vacant possession and damages? Defence that there was oral agreement to re-transfer the land to the defendant. Whether there was evidence to support the defence? Whether plaintiff as employer had exercised undue influence over defendant? Whether there was fraud?

02-08-2011

Judgment for the Plaintiff for prayer A and B only. Premises to be vacated within 2 months. Counterclaim is dismissed. Agreeable costs of RM15, 000. The Defendant shall forgo the cost of the order obtained in the Lower Court.

22-121-2010-I

Rokiah Bt Suhaili

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Emily Batu Anak Bagang AND OTHERS

Application to strikeout claim? Plaintiff had granted irrevocable Power of Attorney to 1st defendant. Land subsequently transferred to 3rd and 4th defendants. Claim against 3rd and 4th defendant based on fraud? Whether triable issues disclosed?

02-08-2011

Enclosure 32 (SIC dated 8.4.2011 - Striking out against the 3rd defendant) & enclosure 33 (SIC dated 8.4.2011 - Striking out against the 4th defendant) are dismissed with cost of RM2000.00. Case is to be mentioned today before the Managing Judge to fix trial date.

22-101-2009-II/III

Susan Gau

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Henry Chan Sek Chwan

Partnership law - Partnership deed - Partner at the end of two years service - Liability of partner - Section 19(1) of the Partnership Act 1961 Whether a partnership between the plaintiff and the defendants had come into existence at the end of the two year period - Whether the defendants had breached the agreement contained in the letter of appointment - Whether the termination of the service of the plaintiff was in accordance with agreement – Effect of payment of money into court which is greater than the judgment sum awarded to plaintiff.

20-07-2011

The Court finds that the Plaintiff had proved unfair dismissal. The Court shall grant the amount of incentive due for the year 2008 i.e. RM31,034, five months salary of RM17,500 and EPF benefit of RM2,100. No order on the claim for incentive for the year 2009. Judgment for the Plaintiff in the sum of RM50,634.00. Each party to bear their own costs.

22-110-2008-II/III

Ahmad Sazali Bin Annuar

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Pembinaan Kuantiti Sdn Bhd

Agreement to procure renewal of a company’s Bumiputra status Whether the renewal was made through the efforts of third party and not the plaintiff? Whether there was failure of consideration? Plaintiff admitted that company was run by a non-bumiputra Whether the agreement was illegal under section 24 of Contracts Act as being against public policy?

12-07-2011

Plaintiff's claim is dismissed with costs of RM25000.00

KCH-12A-3-2011

Anthony @ Alexander Anak Banyan

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Bodco Engineering And Construction Sdn Bhd

Appeal from Lower Court during course of trial – whether permitted by the definition of decision in section 2 of the Court of Judicature Act? Whether the lower court erred in refusing the request for locus in quo by the plaintiff - Whether the application of the plaintiff to amend the statement of claim should be allowed

05-07-2011

The appeal is dismissed. Costs in the cause.

KCH-24-50-2011

Ha Tiung Noon

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Tan Mooi @ Tan So Yin AND OTHERS

Company law - Rectification of company register - Power of court to rectify register Sections 162 and 262 of the Companies Act 1965 Whether the plaintiffs are right to argue that the defendant’s act in offering the shares was invalid

30-06-2011

Application dismissed.Costs of RM8000.

KCH-42-2-2011

RHB Bank Berhad (Applicant)

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Jabatan Peguam Negara (Respondent)

Company law - Winding up procedure - Objection to petition of winding up - Rule 26 of the Companies (Winding-Up) Rules 1972 Whether the affidavit verifying the petition for winding up comply with Rule 26 of the Companies (Winding-Up) Rules 1972 - the affidavit was sworn before the presentation of the petition at the court registry

28-06-2011

Further clarification.Ruling delivered.Appeal allowed. 1. The vehicle is to be returned to the appellant who are the legal owners. 2. The vehicle is to be auctioned off and the proceeds are to be applied to satisfy the outstanding amount owed to the appellant under the said hire purchase account. 3. The surplus, if any, is to be forfeited to the government of Malaysia. 4. A copy of the final statement of accounts under the hire purchase account in question after the sale of the vehicle is to be delivered to the office of the Senior Federal Counsel, Kuching within a week of the action.

22-56-2009-II

Ng Suan Chiek

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Astrazeneca Sdn Bhd

Employment law - Dismissal - Reference by minister - Section 20(3) of Industrial Relations Act 1967 Employment law - Dismissal - Damages under common law - Section 20(4) of Industrial Relations Act 1967 Whether it is an abuse of the process of the Court for the plaintiff to proceed with the Civil Suit after the Minister had refused to refer his representation to the Industrial Court for an award? Whether matter res judicata?

27-06-2011

Parties submitted their submissions and authorities.Further clarification by Court..Court delivered Ruling on encl 83.Application is dismissed with costs of RM2000.Trial date maintain on 4/7/2011@(am.

KCH-JR-13-2010-I

Kandu Anak Sugang & Another

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Trienekens (sarawak) Sdn. BHd.

23-06-2011

The Court affirmed the decision of the Industrial Court. Judicial review is dismissed with costs of RM5000.