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MALAYSIAN JUDGMENTS & RULINGS

[2018] MYCA 97Court of Appeal

Suit Number: Rayuan Jenayah No. M-06(M)-3-03/2017  Date of Judgment: 29 March 2018

Criminal law – Murder

Criminal law – Whether the trial judge failed to consider that the appellant did not intend to cause death – Whether the trial judge failed to consider the right of private defense – Whether the protection of the right of private defense available

[2018] MYCA 93Court of Appeal

Suit Number: Rayuan Sivil No. W-02(NCVC)(W)-1441-08/2014  Date of Judgment: 15 March 2018

Tort – Malicious prosecution – Availability of the tort of malicious prosecution in civil proceedings

Tort – Malicious prosecution – Requisite elements – Meaning of malice – Whether an action for malicious prosecution lies in respect of a malicious presentation of a winding-up petition

[2018] MYCA 92Court of Appeal

Suit Number: Criminal Appeal No. B-05(M)-179-05/2016   Date of Judgment: 23 March 2018

Criminal law - Trafficking in dangerous drugs – Death sentence

Criminal law – Whether the element of possession of drugs proven – Whether the appellant was denied the services of an Interpreter – Whether the appellant should have been charged under the Poisons Act 1952

Appeal – Whether there was any appealable error on the part of the trial court as to warrant appellant intervention

[2018] MYCA 82Court of Appeal

Suit Number: Civil Appeal No. W-02(NCVC)(W)-856-04/2017   Date of Judgment: 06 March 2018

Professional liability – Solicitor – Professional negligence – Standard of care required of a professional – Test

Professional liability – Whether the solicitor owed a duty of care to the client – Whether that duty was breached – Whether the client suffered a loss due to such breach of duty – Damages

[2018] MYCA 83Court of Appeal

Suit Number: Criminal Appeal Nos. W-05(M)-458-12/2016 & W-05(M)-460-12/2016  Date of Judgment: 14 March 2018

Criminal law – Offences of trafficking in and possession of dangerous drugs and poison – Conviction – Mandatory death sentence – Appeal

Criminal law – Whether the trial judge erred in finding a prima facie case for the offence of trafficking – Whether the convicted had possession of drugs – Whether the convicted had custody and/or control of drugs – Whether there was a gap in the prosecution’s case

[2018] MYCA 101Court of Appeal

Suit Number: Rayuan Jenayah No. J-05(M)-253-06/2016   Date of Judgment: 23 March 2018

Criminal law – Murder – Grievous hurt – Death sentence – Appeal

Criminal law – Whether the trial court failed to consider the possibility that the accused did not intend to cause death – Whether weapons used to kill or injure should be presented as exhibits Criminal law – Whether the trial court has applied the proper law – Whether the trial judge has properly appreciated the evidence – Whether the requirements of section 182A of the Criminal Procedure Code complied with

[2018] MYCA 103Court of Appeal

Suit Number: Rayuan-Rayuan Sivil No. B-01(A)-402-10/2016, B-01(A)-403-10/2016, B-01(A)-404-10/2016 & B-01(A)-405-10/2016  Date of Judgment: 25 January 2018

Real estate – Compulsory acquisition of land – Award of compensation by Land Administrator – Objection by landowner

Real estate – Whether acquired land to be used for commercial building or residential building – Whether higher compensation can be claimed – Whether appeal precluded under section 40D of the Land Acquisition Act 1960 – Whether burden of proof discharged in establishing the category of land use of the acquired lands

[2018] MYCA 104Court of Appeal

Suit Number: Civil Appeal No. W-03 (IM)(NCC)-102-12/2016  Date of Judgment: 20 February 2018

Bankruptcy proceedings – Whether the bankruptcy notice defective for not stating the particulars of the judgment – Whether attaching the statement of account to the bankruptcy notice sufficient – Estoppel – Section 3[1][i] of the Bankruptcy Act 1967

[2018] MYCA 105Court of Appeal

Suit Number: Civil Appeal No. W-02(NCVC)(W)-1102-06/2017  Date of Judgment: 28 March 2018

Contracts & commercial – Concession agreement – Supplementary agreement – Application of sections 14, 27(1) and 30 of the Sale of Goods Act 1957

Contracts & commercial – Privity of contract – Application of section 71 of the Contracts Act 1950 – Application of the Nemo dat principle – Principle of restitution for unjust enrichment

[2018] MYCA 106Court of Appeal

Suit Number: Civil Appeal No. P-02(NCVC)(W)-1240-07/2017  Date of Judgment: 07 March 2018

Contracts & commercial – Construction contract to build a house – Claim for variation works

Contracts & commercial – Whether the claim maintainable in law on a quantum meruit basis given the existence of a valid contract – Whether the claim on quantum meruit properly pleaded – Whether the claim for variation works specifically proved

Contracts & commercial – Elements of section 71 of the Contracts Act 1950 – Whether the contract provides for matters relating to variation works

[2018] MYCA 108Court of Appeal

Suit Number: Criminal Appeal No. B-05(M)-295-08/2016 (NGA)   Date of Judgment: 30 March 2018

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

Criminal law – Whether there was a failure on the part of the investigating officer to investigate the alleged real trafficker – Whether the trial judge failed to make specific findings on the elements of possession and trafficking – Whether the trial judge failed to adequately consider the Innocent Carrier defence – Whether the trial judge was wrong to hold appellant guilty of willful blindness

[2018] MYCA 109Court of Appeal

Suit Number: Criminal Appeal No. N-05(M)-23-01/2017  Date of Judgment: 02 April 2018

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

Criminal law – Criminal procedure – Whether the previous panel of the Court of Appeal erred in law and in fact when they allowed the prosecutor’s appeal – Whether the previous panel of the Court of Appeal failed to furnish reasons for its decision/ grounds of judgment when they ordered the appellant to enter his defence before the High Court – Whether the previous panel of the Court of Appeal and the High Court erred in law and in fact when either of them failed to exercise proper evaluation of the evidence

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