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[2018] MYCA 286Court of Appeal

Suit Number: Rayuan Sivil No. P-01(A)-421-10/2016  Date of Judgment: 27 August 2018

Administrative law – Judicial review – Refusal by the Attorney General to give consent under section 9 of the Government Proceedings Act 1956 to initiate a proceeding for appointing an additional trustee or a new trustee in a public charitable trust – Application for leave to commence judicial review proceedings under Order 53 of the Rules of Court 2012

[2018] MYCA 283Court of Appeal

Suit Number: Civil Appeal No. W-02(NCVC)(W)-1884-10/2016  Date of Judgment: 21 August 2018

Consumer law – Meaning and intent of the proviso to regulation 11(2) of the Licensee Supply Regulations 1990 – Whether a licensee may recover from a consumer any charges due to the licensee in respect of the supply of electricity under regulation 3(1) of the Licensee Supply Regulations 1990

[2018] MYCA 279Court of Appeal

Suit Number: Civil Appeal No. J-02(NCVC)(W)-1991-10/2016  Date of Judgment: 15 August 2018

Contracts & commercial – Sale and purchase agreement – Transfer of land – Approval from the State authority for the transfer of land – Whether the first sale and purchase agreement between the appellant and the first respondent valid and enforceable – Whether the sale and purchase agreement between the second respondent and the first respondent tainted with forgery, fraud or illegality and hence invalid

[2018] MYCA 278Court of Appeal

Suit Number: Rayuan Sivil Nos. B-02(NCVC)(W)-1562-08/2016, B-02(NCVC)(W)-1563-08/2016, B-02(NCVC)(W)-1677-09/2016, B-02(NCVC)(W)-1679-09/2016 & B-02(NCVC)(W)-1684-09/2016  Date of Judgment: 07 August 2018

Tort – Tort of conspiracy – Key ingredients – Whether the tort of conspiracy has been established

Litigation & court procedure – Limitation – Time period for the bringing of an action founded on the tort of conspiracy – Section 6(1)(a) of the Limitation Act 1953

[2018] MYCA 276Court of Appeal

Suit Number: Civil Appeal No. W-02(NCVC)(W)-2459-12/2017   Date of Judgment: 14 August 2018

Litigation & court procedure – Notice of motion to strike out an appeal by a wound-up company on the ground that there was no sanction by the official liquidator to file the appeal – Whether the appeal should be struck out – Section 236(2)(a) of the Companies Act 1965

[2018] MYCA 275Court of Appeal

Suit Number: Rayuan Sivil No. P-01(A)-5-01/2017  Date of Judgment: 10 August 2018

Administrative law – Judicial review – Ex-parte application for leave to make an application for judicial review under Order 53 rule 3(1) of the Rules of Court 2012 against the consent given by the Attorney General under section 9 of the Government Proceedings Act 1956 – Whether such consent merely an administrative decision – Whether such consent susceptible to judicial review

Administrative law – Judicial Review – Purpose of judicial review – Power of courts to grant leave for judicial review – Principles governing an application for grant of leave for judicial review – Whether the application for leave frivolous and vexatious in the instant case

[2018] MYCA 274Court of Appeal

Suit Number: Criminal Appeal No. S-09-364-10/2017  Date of Judgment: 09 August 2018

Criminal law – Offence of intending to deceive principal by agent – Conviction – Enhancement of sentence on appeal to High Court – Appeal – Sections 18 and 24, Malaysian Anti-Corruption Commission Act 2009

Sentencing – Factors to be taken into consideration by a trial judge in assessing appropriate and just sentence – Principles governing appellate intervention in sentencing

[2018] MYCA 273Court of Appeal

Suit Number: Criminal Appeal No. S-05(M)-85-02/2017  Date of Judgment: 08 August 2018

Criminal law – Murder – Conviction – Sentence – Section 302, Penal Code

Criminal law – Whether the trial judge failed to appreciate the evidence submitted that there was no motive or intention to kill – Whether the trial judge erred when she convicted the appellant of murder when the weapon that was adduced may not be the weapon used to kill the deceased – Whether the trial judge had failed to appreciate evidence submitted that there might have been sudden fight occurred prior to the death of the deceased that might have led the deceased to succumb to the injuries sustained that lead to her death

[2018] MYCA 272Court of Appeal

Suit Number: Rayuan Sivil No. W-02(NCVC)(A)-133-01/2017   Date of Judgment: 13 July 2018

Mental health – Originating Summons for an inquiry into the mental condition of a person to determine whether that person is capable of managing himself and his affairs under section 52 of the Mental Health Act 2001 – Test to be applied in examining the application for such an inquiry – Whether a prima facie case, an allegation that a person is mentally disordered, must first be established – Whether the court should then ascertain whether there was substance in the allegation – Standard required in proving the allegation

[2018] MYCA 270Court of Appeal

Suit Number: Rayuan Jenayah No. C-05(M)-166-05/2016  Date of Judgment: 08 August 2018

Criminal law – Trafficking in dangerous drugs – Conviction of one of the accused – Sentence – Appeal

Criminal law – Whether the trial judge erred in relation to the presumptions under the Dangerous Drugs Act 1952 – Whether the trial judge erred in relation to the application of section 2 of the Dangerous Drugs Act 1952 – Whether the trial judge failed to properly evaluate the evidence before it

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