Held:
8 cases · December 2023 to March 2026
Case Volume by Year
1 23
2 24
4 25
1 26
2023–2026
Key Issues & Sub-Topics
Defendant is liable to Plaintiff the amount claimed — Plaintiff’s claims against Defendant allowed with costs. — Defendant’s third party claim dismissed with costs. 1 The Court finds that, based on the facts and circumstances as well as the sequence of events, the Judgment in Default obtained in respect of the 1st Defendant is regular and cause papers were properly served on the 1st Defendant at her address. 1 The Court finds that the sale of bunker oil to cruise ships are standard-rated supply and thus taxable under the GST Act 2014 based on the Royal Malaysian Customs’ Guide on Shipping Industry published on 22nd December 2015. 1 In light of the recent Federal Court decisions, Section 59A of the Immigration Act 1959/63 contravenes the doctrine of separation of powers and therefore this Court may review decisions of the Executive. 1 The Court finds that the 1st Defendant has breached the terms of the letter of employment, fiduciary duties as well as her duty of confidentiality (contractual and equitable) for the misappropriation and misuse of the 1st Plaintiff’s confidential information i.e. the list of two suppliers. — The Court also finds that there was unlawful interference with the 1st Plaintiff’s business by the Defendants with the intention to injure the 1st Plaintiff which led to a customer diverting their order to the 2nd Defendant. 1 Sentencing considerations — seriousness of drug offences — public interest — deterrence — rehabilitation — Sentencing trend for similar cases exceeds 15 years’ imprisonment — Appellant is a first-time offender. 1 High Court erred in amending the liability period — Clause 8.1.1 MA: Agreement continues until expiry of License Period in last Work Order — Registrar was correct: Account & Inquiry covers period 21.7.2007 (MA date) until expiry of Licence Period — High Court wrongly considered post-trial event (winding-up of PINS OSC) — PINS knew of winding-up but did not raise it in Court of Appeal, did not amend Memorandum of Appeal and did not apply to adduce fresh evidence — By accepting Liability Judgment, PINS accepted liability. 1 Res judicata: PINS estopped from re-litigating winding-up issue — Winding-up caused by tax arrears (RM60,000). If PINS had paid maintenance fees, OSC could have avoided winding-up — PINS contributed to winding-up. 1 High Court erred in shortening liability period. Appeals W-03(IM)(NCC)-69-07/2022 & W-03(IM)(NCC)-70-07/2022 are allowed — Registrar’s Order reinstated, including amendments requested in Encl. 246. 1 Liability Judgment clear: only deduction = MCMC payments — Judge applied law correctly — No appealable error — Appeal W-02(IM)(NCC)-326-03/2023 dismissed with costs. 1
Defendant is liable to Plaintiff the amount claimed — Plaintiff’s claims against Defendant allowed with costs. — Defendant’s third party claim dismissed with costs. 1 case
The Court finds that, based on the facts and circumstances as well as the sequence of events, the Judgment in Default obtained in respect of the 1st Defendant is regular and cause papers were properly served on the 1st Defendant at her address. 1 case
The Court finds that the sale of bunker oil to cruise ships are standard-rated supply and thus taxable under the GST Act 2014 based on the Royal Malaysian Customs’ Guide on Shipping Industry published on 22nd December 2015. 1 case
In light of the recent Federal Court decisions, Section 59A of the Immigration Act 1959/63 contravenes the doctrine of separation of powers and therefore this Court may review decisions of the Executive. 1 case
The Court finds that the 1st Defendant has breached the terms of the letter of employment, fiduciary duties as well as her duty of confidentiality (contractual and equitable) for the misappropriation and misuse of the 1st Plaintiff’s confidential information i.e. the list of two suppliers. — The Court also finds that there was unlawful interference with the 1st Plaintiff’s business by the Defendants with the intention to injure the 1st Plaintiff which led to a customer diverting their order to the 2nd Defendant. 1 case
Sentencing considerations — seriousness of drug offences — public interest — deterrence — rehabilitation — Sentencing trend for similar cases exceeds 15 years’ imprisonment — Appellant is a first-time offender. 1 case
High Court erred in amending the liability period — Clause 8.1.1 MA: Agreement continues until expiry of License Period in last Work Order — Registrar was correct: Account & Inquiry covers period 21.7.2007 (MA date) until expiry of Licence Period — High Court wrongly considered post-trial event (winding-up of PINS OSC) — PINS knew of winding-up but did not raise it in Court of Appeal, did not amend Memorandum of Appeal and did not apply to adduce fresh evidence — By accepting Liability Judgment, PINS accepted liability. 1 case
Res judicata: PINS estopped from re-litigating winding-up issue — Winding-up caused by tax arrears (RM60,000). If PINS had paid maintenance fees, OSC could have avoided winding-up — PINS contributed to winding-up. 1 case
High Court erred in shortening liability period. Appeals W-03(IM)(NCC)-69-07/2022 & W-03(IM)(NCC)-70-07/2022 are allowed — Registrar’s Order reinstated, including amendments requested in Encl. 246. 1 case
Liability Judgment clear: only deduction = MCMC payments — Judge applied law correctly — No appealable error — Appeal W-02(IM)(NCC)-326-03/2023 dismissed with costs. 1 case
Key Statutes
Companies Act 1965 (Cap 777)
cited in 1 case Court Distribution
Key People & Firms
Top Judges
Top Lawyers
Low Wei Loke 1 Siti Summaiyah Ahmad Jaafar 1 Kee Wei Lon 1 How May Ling 1 Hisyam Teh Poh Teik 1 Nur Hafizah Husna Elahab @Lahab 1 Dato' Bastian Vendargon 1 Saw Wei Siang 1 Ranjit Singh 1 Owee Chia Ming 1 Villie Nethi 1 Michelle Teoh 1 Leong Kwong Wah 1 Vincent Lim Seng Liang 1 Gene Anand Vendargon 1
Cases
wa-22ncvc-71-02-2023
Tenaga Nasional Berhad v 1. ) CTM Realty Sdn Bhd 2. ) Badan Pengurusan Bersama Damai Hillpark Cheras PIHAK KETIGA JMB DAMAI HILLPARK CHERAS
5 March 2026
MYHC
pa-22ncc-64-09-2023
Ng Ai Sooe (Mendakwa sebagai Nomini dan Isteri yang sah / Wasi serta orang yang bertanggungan kepada Pemegang Polisi Insurans Hong Leong Assurance Berhad No. UL201818332354, OOI CHONG SHAN (“Si Mati”)) v 1. ) HONG LEONG ASSURANCE BERHAD 2. ) BEH JIN HAO 3. ) NEO SIEW SIEW 4. ) BEH MIN HUA
26 March 2025
MYHC
pa-22ncvc-142-08-2023
Yohana Banunaek (Pentadbir Bagi Harta Pusaka Adelina Lisao, Simati) v 1. ) Jayavartiny A/p Ramalue 2. ) AMBIKA A/P M.A. SHANMUGAM
19 February 2025
MYHC
pa-25-16-02-2024
SIN SOON HOCK SDN BHD v 1. ) KEMENTERIAN KEWANGAN MALAYSIA 2. ) KETUA PENGARAH JABATAN KASTAM DIRAJA MALAYSIA
11 February 2025
MYHC
pa-25-32-06-2024
1. ) Khoh Keow Bok 2. ) Goh Chye Choo @ Goh Sai Tiang 3. ) Yeap Hin Eng 4. ) Noor Azura Bt Haji Kassim v 1. ) KETUA PENGARAH KASTAM, JABATAN KASTAM DIRAJA MALAYSIA 2. ) KETUA PENGARAH IMIGRESEN, JABATAN IMIGRESEN MALAYSIA
6 February 2025
MYHC
pa-22ncvc-144-08-2023
1. ) EUROPACK INDUSTRIES (M) SDN BHD 2. ) LEOW YIN SZE v 1. ) KANG MEI SIM 2. ) EPC PACKAGING (M) SDN BHD
16 December 2024
MYHC
b-05sh-452-10-2023
CHRISTOPHER BENARD A/L ANTONISAMY v Pendakwa Raya
9 September 2024
MYCOA
w-03imncc-69-07-2022
URBAN DOMAIN SDN. BHD. v PINS OSC & MAINTENANCE SERVICES SDN BHD
6 December 2023
MYCOA