[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 267Court of Appeal

Suit Number: Civil Appeal No. N-02(NCVC)(W)-2555-12/2017  Date of Judgment: 08 August 2018

Litigation & court procedure – Costs – Security for costs – Meaning & scope – Application for security for costs in reliance of section 44 of Courts of Judicature Act 1964, rule 27 of the Rules of Court of Appeal, Order 23 of Rules of High Court 2012

[2018] MYCA 235Court of Appeal

Suit Number: Rayuan Jenayah No. W-06A(SH)-13-12/2016  Date of Judgment: 31 July 2018

Criminal law – Intentional omission to give information relating to terrorist acts – Offence punishable under section 130M of the Penal Code – Conviction – Sentence – Appeal

Criminal law – Whether the appellant had reason to believe that an act of terrorism would be committed – Whether the appellant was legally bound to provide information to the authorities in relation to an act of terrorism – Whether the failure of the prosecution to display a forensic report in respect of the appellant’s social media and telephone account material

[2018] MYCA 242Court of Appeal

Suit Number: Rayuan Jenayah No. W-05(LB)-395-11/2016   Date of Judgment: 02 August 2018

Criminal law – Trafficking in dangerous drugs – Acquittal – Appeal by the prosecution against the acquittal

Criminal law – Whether the trial judge failed to decide that the weight difference of the impugned drugs in the charge and the evidence of the chemist was just an omission that does not amount to an injustice to the accused – Whether the trial judge erred in finding the chain of evidence broken – Whether the trial judge failed to properly appreciate the evidence

[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 259Court of Appeal

Suit Number: Civil Appeal No. A-02-(IM)(NCVC)-2559-12/2017   Date of Judgment: 19 July 2018

Litigation & court procedure – Consent judgment – Suit to set aside the consent judgment – Application to dismiss the suit to set aside the consent judgment under inherent jurisdiction of the court and/or pursuant to Order 18 rule 19(1)(b) and or (d) of the Rules of Court 2012 on the grounds that the issues raised in the suit have been adjudicated upon and a consent judgment was recorded – Dismissal of application – Appeal

Litigation & court procedure – Consent judgment – Nature of consent judgment – Whether the issues of a case adjudicated when a consent judgment is recorded – Whether res judicata applies to the issues involved in a case that was settled by a consent judgment

Litigation & court procedure – Striking out – Whether the suit to set aside the consent judgment should be struck out – Principles upon which a court exercises its power under any of the four limbs of Order 18 rule 19(1) of the Rules of Court 2012


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