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[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 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 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 266Court of Appeal

Suit Number: Civil Appeal No. Q-02(IM)(NCVC)-2206-12/2016   Date of Judgment: 08 August 2018

Litigation & court procedure – Application for an order to strike out amended defence and counterclaim – Whether the defence bona fide – Whether the defence frivolous or vexatious and delaying the process

Land law – Native customary rights - Sections 6 and 209 of the Sarawak Land Code

[2018] MYCA 251Court of Appeal

Suit Number: Rayuan Sivil No. W-02(A)-1056-06/2017   Date of Judgment: 30 July 2018

Professional liability – Advocate & solicitor – Appeal by Bar Council against the High Court decision which set aside the Disciplinary Board’s order that struck off the respondent from the Roll of Advocates and Solicitors of the High Court of Malaya and substituted it with an order that suspended the respondent from practice for a period of 3 years

[2018] MYCA 262Court of Appeal

Suit Number: Rayuan Sivil No. A-02(NCVC)(W)-721-04/2017   Date of Judgment: 25 July 2018

Contracts & commercial – Breach of trust – Whether the second defendant holds the monies in trust for the appellant – Whether the second defendant had committed a breach of trust/ breach of fiduciary duty – Whether there is a conspiracy to defraud

Administrative law – Judicial review – Whether leave should be granted as the Attorney General failed to file an affidavit to oppose the application for leave – Whether the respondent had locus standi – Whether the decision of the Attorney General justiciable – Whether the judicial review proceeding premature

[2018] MYFC 18Federal Court

Suit Number: Civil Appeal Nos. 02(f)-29-03/2017(W), 01(f)-14-05/2017(W) & 01(f)-15-05/2017(W)  Date of Judgment: 28 March 2018

Litigation & court procedure – Striking out application under Order 18 rule 19 of the Rules of Court 2012 – Test for striking out

[2018] MYFC 20Federal Court

Suit Number: Civil Appeal No. 01-37-08/2017(P)  Date of Judgment: 16 August 2018

Administrative law – Judicial review – Whether the appellant has the constitutional right to appeal to the Appeal Board against the decision of the Suruhanjaya Perkhidmatan Awam Malaysia under Article 144(5B)(ii) of the Federal Constitution – Whether in view of Article 132(1)(c) of the Federal Constitution, the appellant ought not to be dismissed from public service without being given a reasonable opportunity of being heard which includes the right of appeal as provided by Article 144(5B)(ii) of the Federal Constitution and Regulation 14 of the Public Services and Disciplinary Board Regulation 1933

Constitutional law – Articles 132(1)(c) and 144(5B)(ii) of the Federal Constitution

[2018] MYFC 19Federal Court

Suit Number: Civil Appeal Nos. 02(i)-49-07/2015(W) & 02(i)-50-07/2015(W)  Date of Judgment: 08 August 2018

Partnership – Whether a partner, who entered a partnership pursuant to an assignment can on the true construction of section 33 of the Partnership Act 1961 be deemed a partner for the purposes of ascertaining the number of partners under subsection 314(2) of the Companies Act 1965

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