KCH-12B-4-2011

Margaret Wong

---

RIVERBANK SUITES DEVELOPMENT SDN BHD

SIC Encl.2 (O.3, r.5) - For extension of time

28-02-2011

Application [SIC Encl.2 (O.3, r.5) - For extension of time] dismissed with costs. By consent the appellant to pay RM5,000.00 to the respondent.

22-21-2008-III

QL Agroresources Sdn Bhd

---

Vong Chong Toh @ Bong Chin Tau AND OTHERS

Goods sold and delivered claim. 1. Whether goods delivered? 2. Whether delivery acknowledged? 3. Whether parties conducted business on a running account? 4. Whether non-query of running account brings into existence an account stated?

22-02-2011

Judgment is entered as prayed for in (a), (b) & (c). Costs to be taxed unless otherwise agreed.

12B-32-2010-II/I

RT Logistik Sdn Bhd

---

Rudzylan Bin Mat and 4 Others and 1 Other

Business taken over by present employer from previous employer. Whether damages upon termination of employee calculated from date of original employment or from date letter of offer issued by present employer? Employee offered employment as confirmed staff by present employer. Whether section 8 of Labour Ordinance complete answer to argument that present employer is separate entity from previous employee?

17-02-2011

Appeal dismissed with no order as to costs.

22-259-2008-I/III

Lim Sang Huat Sawmill Co. Berhad

---

Tan Shaw Shyong AND OTHERS

RM2 company purchased by the plaintiff. Company alienated land subsequently. Whether representations made that land free of encumbrance of native claims? Whether representation had been reduced as a term of the contract? Whether land sold together with shares of company? Whether contract breaker can recover deposit and part payments made?

16-02-2011

Pllaintiff's claim dismissed with cost to be taxed unless agreed otherwise.

12B-38-2010-II

KFF ICE WORKS SDN BHD

---

KONG CHAK WUN

Whether Labour Court can enquire into dismissal? Whether charges against employee trivial? Whether extra hours put in by employee on which he had claimed commission can also be considered as overtime work under section 105(6) of the Labour Ordinance of Sarawak?

16-02-2011

For decision. Appeal allowed partially. The decision of Labour Court varied with item (iv) the sum of RM22, 464 being disallowed. No order as to costs.

12B-35-2010-II

Lim Ye Neng

---

Liau Jee Fah AND OTHERS

02-02-2011

The Court varies the damages awarded by disallowing compensatory and exemplary damages in respect of all the three respondents and affirms the following orders made: (1) Liau Jee Fah, Refund of RM12,400, (2) Yong Voon Chung, Refund of RM9,400, (3) Chan Nyuk Voon , Refund of 5,170.00 plus 230. No order as to costs.

22-60-2008-III

Chong Siew Chiang

---

Ng Kim Ho

Claim based on libel and slander Whether the words “ungrateful, ingratitude, perfidious, hypocrite” is defamatory? Whether they refer to the plaintiff in the context of the speech of the plaintiff? Whether a technical approach should be adopted in determining above issue is correct? Whether the words were uttered and published? Whether the defences of justification, fair comment and qualified privilege established? Whether Reynolds defence applicable? Whether Reportage as defence applicable? Whether actual malice proved by the plaintiff?

26-01-2011

The Court finds that the 1st Defendant liable in slander and libel and award damages of RM100, 000. The Court also finds that the 2nd Defendant liable in libel and award damages of RM50,000. Cost to the Plaintiff.

22-236-2007-II/III

Rosiah binti Jamali

---

Emily Batu anak Bagang

Claim by house buyer against developer and bank Whether the house buyer lacks locus standi to sue developer because of the letter of assignment in favour of the bank? Whether bank negligent is releasing progress payment without architect’s certificate?

10-01-2011

judgment against the 1st defendant in the sum of RM133,600 with interest of 8.05% from 16th July 2006 until judgment and thereafter 8% until full payment. The 1st defendant is also to pay additional interest of 1% per annum on the total outstanding calculated from 10.6.06 until the date of full and final settlement. Costs to the plaintiff to be taxed unless otherwise agreed. IDismiss the claim of the plaintiff against the 2nd defendant. I allow the counterclaim in terms of the prayer 15 (a) to (d). Costs to be taxed unless otherwise agreed.

15-18-2008-III

Leong Chin Min

---

Superintendent of Lands & Survey, Kuching Division

Land acquisition compensation case. Whether subject land can be accepted as comparable although sale and purchase agreement not produced? Whether betterment factor should be considered when the remaining land which is in two pieces is considered uneconomical for agricultural use? Whether potential success in change of condition of land usage should be considered?

05-01-2011

My opinion is that the land is worth RM 16.65 psm. In the premises, the compensation for the acquired land should be RM227,155.95. As the Superintendant has paid RM141,200, the balance payable shall be RM85,955.95 on which 4% interest is payable from date of acquisition, 24th January 2006 until payment. Agreed of costs of RM20,000 to be paid by the respondent to the appellant.

33-102-2009-III

Hii Chan Seng

---

Aida Balingan Baron

Petition for divorce Custody, maintenance, division of property in issue Whether presumption that mother is the more suitable guardian has been displaced on the evidence? Whether lump sum payment instead of monthly maintenance should be ordered? Whether wife entitled to a share in property bought during the marriage even if acquired solely by husband? Whether wife entitled to share in property that was acquired by husband after separation?

30-12-2010

Judgment delivered. Decree nisi to be made absolute in (3) months. Custody of Lovella to be granted to the respondent and Margaret be granted custody to the petitioner with reasonable access to the parties. Monthly maintenance of RM1,200 to the wife and RM400 to Lovella until she attains the age of 18 years old. Payment to be made through their accounts from 07.01.2011 and on 7th day of each succeeding months. The petitioner's half share be valued by a mutually agreed valuer and sold after renewal of the lease and 25% of the net proceeds of sale to be paid to the respondent. If the petitioner fails to the sell the land, either party may apply to seek further directions from the court for sale by way of public tender. The wife respondent is entitled to the 25% of the EPF and bank account balance of the petitioner. The above amounts should be paid within 30 days. Parties are at liberty to apply for variation. Each parties to bear its own costs.