[2018] MYFC 22Federal Court

Suit Number: Rayuan Sivil No. 02(f)-137-11/2017(P)  Date of Judgment: 24 September 2018

Insurance – Motor insurance – Motor policy holder obtaining insurance cover from an insurer in respect of an accident that had already occurred – Effective date of the insurance policy – Whether effective date the date of cover or the time of issuance of cover – Whether retrospective cover could be given to the policy in breach of section 141 of the Insurance Act 1996

[2018] MYCA 311Court of Appeal

Suit Number: Civil Appeal Nos. Q-02(IM)(NCVC)-2405-11/2017, Q-02(IM)(NCVC)-2406-11/2017 & Q-02(IM)(NCVC)-2407-11/2017  Date of Judgment: 29 August 2018

Litigation & court procedure – Order – Amendment of a sealed order under slip rule or inherent jurisdiction – Whether the Court functus officio – Whether the High Court plainly wrong to vary, amend and/or correct its order that has been filed, perfected and sealed – Order 20 rule 11 and Order 92 rule 4 of the Rules of Court

[2018] MYCA 263Court of Appeal

Suit Number: Appeal Nos. W-02(IM)(NCC)-2038-11/2016 & W-02(IM)(NCC)-2054-11/2016  Date of Judgment: 30 July 2018

Corporate law – Winding up – Proof of debt – Whether the liquidator has rightfully exercised his discretion to admit the proof of debt – Whether the liquidator’s decision accepting the proof of debt unreasonable or absurd

Litigation & court procedure – Locus standi/ Laches – Res judicata/ estoppel – Abuse of process

[2018] MYCA 299Court of Appeal

Suit Number: Criminal Appeal No. B-05(M)-139-03/2017  Date of Judgment: 18 September 2018

Criminal law – Trafficking in dangerous drugs – Conviction – Mandatory death sentence – Appeal

Criminal law – Whether the trial judge erred in properly considering the cautioned statement of the appellant – Whether the trial judge had misdirected herself when she applied the presumption under section 37(da) of Dangerous Drugs Act 1952 at the end of the prosecution’s case, and found that the appellant had failed to rebut the presumption under section 37(d) of Dangerous Drugs Act 1952 at the end of the defence case

[2018] MYCA 297Court of Appeal

Suit Number: Rayuan Sivil No. W-01(C)(A)-190-05/2016  Date of Judgment: 03 September 2018

Contracts & commercial – Contract – Provision for extension of time to complete the contract – Construction of the contractual clause that provides for extension of time – Refusal to grant a third extension of time – Termination of contract – Whether the Certificate of Non-Completion validly issued – Whether termination of the contract valid

[2018] MYCA 296Court of Appeal

Suit Number: Rayuan Sivil No. B-02(NCVC)(W)-1671-09/2016  Date of Judgment: 30 August 2018

Contracts & commercial – Sale and purchase agreement – Extended completion period clause to discharge a charge in favour a bank subject to payment of interest for the extended time – Further extension of time – Whether further extension granted – Whether further extension of time granted subjected to payment of interest – Whether termination of the sale and purchase agreement valid

[2018] MYCA 295Court of Appeal

Suit Number: Rayuan Sivil No. T-01(A)254-07/2017  Date of Judgment: 18 September 2018

Land law – Acquisition of land – Semi-permanent structure on the land – Demand for compensation on the value of the structure – Structure allegedly violated the category of use and the real terms of the land – Whether the value of land should take into account the value of the building

[2018] MYCA 230Court of Appeal

Suit Number: Civil Appeal No. W-02(NCVC)(W)-868-05/2017  Date of Judgment: 31 July 2018

Litigation & court procedure – Admission of facts – Whether the High Court judge correct in refusing to enter judgment based on the admission – Whether this resulted in the miscarriage of justice – Section 17 of the Evidence Act, Order 27 of Rules of Court 2012


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