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[2018] MYCA 162Court of Appeal

Suit Number: Rayuan Sivil No. W-02(IM)(NCC)-2016-11/2016  Date of Judgment: 23 April 2018

Corporate law – Winding up – Liquidator – Sale of land by the liquidator on behalf of the company – Application to remove the liquidator under section 137 of the Companies Act 1965

Corporate law – Winding up – Liquidator – Application to remove the liquidator – Whether the liquidator had acted in contravention and/or in breach of his statutory and fiduciary duties – Whether the liquidator breached sections 233, 236(3), 241 or 242 of the Companies Act or Rule 106 of the Companies Winding up Rules 1972 – Whether the liquidator had failed to ascertain the true market value of the land and secure a fair market price for the land – Whether the sale of land was effected in the best interests of the company – Whether there was collusion between the liquidator and the majority shareholder of the company/ purchaser of land

[2018] MYCA 161Court of Appeal

Suit Number: Rayuan Jenayah No. K-05(M)-333-09/2016  Date of Judgment: 22 May 2018

Criminal law – Trafficking in dangerous drugs – Conviction – Death sentence – Appeal

Criminal law – Whether the trial court erred in making an inference that the appellant had knowledge of the drug – Whether the trial court failed to consider the information given by the appellant about the alleged drug owner and his partner – Whether the trial court failed to properly consider the defence of the appellant

[2018] MYCA 160Court of Appeal

Suit Number: Rayuan Jenayah No. J-05(M)-311-08/2016  Date of Judgment: 22 May 2018

Criminal law – Trafficking in dangerous drugs – Conviction – Death sentence – Appeal

Criminal law – Whether the trial court erred in finding the appellant guilty of drug trafficking where there was no evidence of trafficking – Whether the trial court failed to properly evaluate the defendant’s defense

[2018] MYCA 159Court of Appeal

Suit Number: Civil Appeal No. W-02(NCVC)(W)-1267-07/2014  Date of Judgment: 22 May 2018

Real estate – Transmission lines over a piece of land – Objection to the existence of those transmission lines by a subsequently registered proprietor of the land – Whether transmission lines constituted a continuing trespass to the land

Real estate – Whether the State authority had given their approval to the defendant to construct, install and lay transmission lines over the plaintiff’s land which at the material time was State-owned – Whether such approval bound parties who have taken subsequent ownership of the land including the plaintiff – Whether the State authority approval must be in writing – Whether the approval must be given by the State executive committee/ council

Electricity Supply Act 1990 – Section 12 of the Electricity Supply Act 1990 – Whether section 12 of the Electricity Supply Act 1990 allows implied approval by the State authority – Whether Tenaga Nasional Bhd v Majlis Daerah Hulu Terengganu relevant for the purpose of construing section 12 of the Electricity Supply Act 1990

[2018] MYCA 158Court of Appeal

Suit Number: Criminal Appeal Nos. P-05(M)-371-10/2016 & P-05(M)-373-10/2016  Date of Judgment: 15 May 2018

Criminal law – Trafficking in dangerous drugs – Conviction – Death sentence – Appeal – Whether the conviction safe

Criminal law – Whether the trial court erred in law and in fact when it found the appellants guilty of the offence of trafficking by way of manufacturing – Whether there was any nexus between the appellants and the act of manufacturing – Whether there must be evidence of an ongoing act of manufacturing by the appellants before a case of manufacturing can be established against the appellants

Criminal law – Whether the failure of the prosecution to call the alleged real trafficker to negate the defence of the appellants has compromised its own case

[2018] MYCA 157Court of Appeal

Suit Number: Rayuan Jenayah No. W-05(M)-27-01/2017  Date of Judgment: 03 May 2018

Criminal law – Trafficking in dangerous drugs – Death sentence – Appeal

Criminal law – Whether the trial court failed to properly appreciate the defence – Whether the failure of prosecution to call the forensic officers triggers adverse inference against the prosecution under section 114(g) of the Evidence Act 1950 – Whether the conviction safe

[2018] MYCA 156Court of Appeal

Suit Number: Civil Appeal No. J-02(A)-59-01/2017  Date of Judgment: 17 April 2018

Real estate – Order for sale by court under section 256 of the National Land Code 1965 – Whether section 256 of the National Land Code 1965 substantive or procedural law

Litigation & court procedure – Order for sale – Order 83 of the Rules of Court 2012 – Foreclosure proceedings – Whether the foreclosure proceedings or proceedings for an order for sale time-barred

Litigation & court procedure – Laws of limitation – Whether Section 21 of the Limitation Act 1953 applies – Commencement of limitation period – Computation of the limitation period – Implication of section 21 of the Limitation Act on and its co-relation with Order 83 of the Rules of Court 2012 and section 256 of the National Land Code

Litigation & court procedure – Whether the appellant has discharged the burden of proof in showing that the limitation laws apply – Whether that warrants a refusal of the order for sale – Whether the court below erred – Whether appellate intervention warranted

[2018] MYCA 155Court of Appeal

Suit Number: Civil Appeal No. W-02(A)-842-05/2016  Date of Judgment: 18 April 2018

Litigation & court procedure – Action to enforce a charge on land – Order for sale of land – Application to set aside the order for sale – Whether the order sought barred by the Limitation Act 1953 – Whether section 21 of the Limitation Act 1953 applies

[2018] MYCA 154Court of Appeal

Suit Number: Rayuan Jenayah No. P-05(H)-185-06/2016  Date of Judgment: 14 May 2018

Criminal law – Murder – Conviction – Death sentence – Appeal

Criminal law – Whether the trial court failed to comply with section 133A of the Evidence Act 1950 when receiving the evidence of children – Whether the trial court failed to duly consider the appellant's defense – Whether the evidence of the pathologist sufficient for the offense of murder

Criminal law – Whether the conviction under section 302 of the Penal Code safe – Whether the conviction under section 302 should be substituted with a conviction under section 304(a) of the Penal Code

[2018] MYCA 153Court of Appeal

Suit Number: Rayuan Jenayah No. K-05(M)-282-10/2015  Date of Judgment: 16 May 2018

Criminal law – Trafficking in dangerous drugs – Conviction – Death sentence – Whether the conviction safe

Criminal law – Innocent Carrier – Whether the trial court erred in rejecting the appellant’s defense of Innocent Carrier – Radhi Direction – Whether the trial court failed to comply with Radhi Direction requirement in determining the true distributor – Wilful Blindness – Whether the trial court erred in deciding that the doctrine of Wilful Blindness applied to the appellant

[2018] MYCA 152Court of Appeal

Suit Number: Criminal Appeal No. B-05(M)-224-05/2017  Date of Judgment: 07 May 2018

Criminal law – Trafficking in dangerous drugs – Conviction – Death sentence – Appeal – Whether the conviction safe

Criminal law – Whether the trial court committed an error in law when it invoked double presumptions under section 37(d) as well as under section 37(da) of the Dangerous Drugs Act 1952 in contravention of the principle propounded in Muhammed Hassan’s case

Criminal law – Whether the trial court failed to properly the evidence adduced by the prosecution – Whether the trial court failed to consider that the prosecution had led two sets of evidence – Whether the trial court failed to critically evaluate the weight and creditworthiness attached to a witness statement

Criminal law – Whether the trial court failed to appreciate and appraise the appellant’s defence of an innocent carrier in its totality – Whether the appellant was guilty of wilful blindness

[2018] MYCA 151Court of Appeal

Suit Number: Civil Appeal No. W-02(NCVC)-1659-09/2016  Date of Judgment: 26 April 2018

Contracts & commercial – Receivers & managers – Letter by receivers & managers – Legal effect of the letter – Whether the letter concludes a contract between the parties – Whether there was certainty of subject matter – Whether there was certainty as to contracting parties – Whether there was consideration – Whether there was clear and distinct acceptance by receivers & managers – Whether there was consensus ad idem – Whether the parties intended to create a legal relationship – Whether the letter merely contained a counteroffer or a conditional acceptance

Contracts & commercial – Receivers & managers – Whether receivers & managers in breach of contract for failing to complete the contract – Whether the appellant can validly launch a claim for the primary relief of specific performance

Litigation & court procedure – Entry of caveat – Whether the entry of caveat wrongful – Whether the trial court erred in determining the validity of the entry of caveat – Removal of caveat – Whether removal of caveat automatically mean that an order to pay compensation should follow – Whether an order to pay compensation requires an examination of whether the entry of caveat was without reasonable cause – Whether an order to pay compensation requires proof of loss or damage suffered – Whether the order for compensation erroneous

[2018] MYCA 150Court of Appeal

Suit Number: Criminal Appeal Nos. Q-05(M)-194-06/2016 & Q-05(M)-196-06/2016  Date of Judgment: 08 May 2018

Criminal law – Trafficking in dangerous drugs – Conviction – Death sentence

Criminal law – Defence of an innocent carrier – Whether the appellants aware of the impugned drugs

Criminal law – Possession of drugs – Whether the trial court erred in holding that the first appellant was in possession of the drugs – Whether the trial court failed to properly evaluate the evidence that the backpack seized from the first appellant was unlocked – Whether the first appellant had exclusive custody, control and possession of dangerous drugs found in the unlocked backpack

[2018] MYCA 149Court of Appeal

Suit Number: Rayuan Jenayah No. B-05-433-11/2016  Date of Judgment: 08 May 2018

Criminal law – Trafficking in dangerous drugs – Conviction – Death sentence – Appeal

Criminal law – Charge – Defective charge and illegality – Whether the charge defective – Whether the appellant convicted on a defective charge

Criminal law – Knowledge of drugs – Whether the trial court erred in imputing knowledge of the existence of the drugs on the appellant

Litigation & court procedure – Whether there was substantial miscarriage of justice to warrant appellate intervention – Whether the conviction safe

[2018] MYCA 148Court of Appeal

Suit Number: Civil Appeal No. P-02(NCVC)(W)-159-01/2017   Date of Judgment: 08 May 2018

Contracts & commercial – Property management agreement – Alleged breach of the agreement owing to the plaintiff’s failure to pay the monthly appointment fee to the defendant – Termination of the agreement – Whether termination in compliance with the agreement – Notice of termination – Whether the notice of termination valid – Whether the mere absence of reasons for termination in the notice of termination renders it invalid – Whether the plaintiffs had actual notice of the reason for termination

Contracts & commercial – Notice of termination of the agreement – Whether the High Court wrongly applied the Federal Court decision in SPM Membrane Switch Sdn Bhd v Kerajaan Negeri Selangor – Whether the Federal Court decided that a notice of termination must necessarily be rendered bad in law in every case where a notice of termination fails to state the reason for termination

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