Category archive: MWKAeJ

The Government of India v Cairn Energy India Pty Ltd & Anor

FEDERAL COURT, PUTRAJAYA
CIVIL APPEAL NO: 02(f)-7-2010(W)
 
RICHARD MALANJUM CJ (SABAH & SARAWAK);   MOHD GHAZALI YUSOF FCJ;   RAUS SHARIF FCJ
11 OCTOBER 2011
 
ARBITRATION: Award – Setting aside – Finality of arbitrator’s award and jurisdiction of High Court to review – Decision of arbitral tribunal – Whether issue involved a mixed question of fact and law – Whether award…

Malaysian Newsprint Industries Sdn Bhd v Bechtel International Inc & Anor

FEDERAL COURT, PUTRAJAYA
CIVIL APPEAL NO: 02( )-7-2011-(W)
 
RAUS SHARIF PCA;   ABDULL HAMID EMBONG FCJ;   SURIYADI HALIM OMAR FCJ;   HASAN LAH FCJ;   ZALEHA ZAHARI FCJ
20 NOVEMBER 2012
 
ARBITRATION: Agreement – Construction – Arbitration Clause – Whether Contract between parties subject to Arbitration Clause – Whether there was Agreement in writing in pleaded Contract to refer dispute to Arbitration…

Food Ingredients LLC v Pacific Inter-Link Sdn Bhd & Another Application

 
HIGH COURT OF MALAYA, KUALA LUMPUR
ORIGINATING SUMMONS NOS:24NCC(ARB)-25 OF 2011 AND 244NCC(ARB)-37 OF 2010/2011
 
MARY LIM J
16 DECEMBER 2011
 
Arbitration – Award – Challenging arbitration award – Application to recognise and enforce foreign arbitration awards – Tribunal’s jurisdiction to make awards challenged – Whether any arbitration agreement existed for tribunal to assume jurisdiction to arbitrate – Whether…

Badan Pengurusan Tiara Duta v Timeout Resources Sdn Bhd (2014) [Joint Management Bodies – Power to lease]

COURT OF APPEAL (PUTRAJAYA)
CIVIL APPEAL NO.: W-02(NCVC)(W)-1506-07/2013
MAH WENG KWAI JCA
29 APRIL 2014
Land Law – Joint Management Body – Whether lease agreement in respect of common property was ultra vires – Whether unregistered lease agreement was enforceable – Building and Common Property (Maintenance and Management) Act 2007 S 8(2)(g)
 
Headnote
The appellant, a joint management body, and the…

Foo Yau Lim & Ors v Dato’ Han Joke Kwang & Anor

COURT OF APPEAL (PUTRAJAYA)
CIVIL APPEAL NO W-02-2218-2012
ABDUL WAHAB PATAU, BALIA YUSOF WAHI AND TENGKU MAIMUN TUAN MAT JJCA
29 NOVEMBER 2013
Civil Procedure — Appeal — Appeal against judgment of the High Court — Non-compliance of statutory provisions — Whether annual general meeting null and void — Whether election of parties effective — Statutory regime covering management…

JMB Silverpark Sdn Bhd v Silverpark Sdn Bhd & Anor

HIGH COURT (KUALA LUMPUR)
ORIGINATING SUMMONS NO 24 NCVC-2148-08 OF 2012
YEOH WEE SIAM J
10 DECEMBER 2012
Land Law – Common property – Club house – Whether club house in residential apartment was common property – Whether developer should surrender club house to joint management body (‘JMB’) – Whether JMB estopped from claiming club house as common property…

Edmund Ming Kwan v Extra Excel (Malaysia) Sdn Bhd & Ors (2013) MWKAeJ 0123 [Company law – oppression of minority interests]

HIGH COURT MALAYA AT KUALA LUMPUR
PETITION NO: D1-26-56-2004
HISHAMUDIN MOHD YUNUS J
23 JANUARY 2013
Company law – petition by minority shareholder for oppression – claim against directors – dilution of shareholding – excessive directors’ remuneration – related party transactions – non-payment of dividends – allegation of fraud – using company funds to defend petition – cross-petition for…

Design Centre Sdn Bhd v Goldcourse Sdn Bhd (2010) MWKAeJ 1119 [Construction law – liquidated ascertained damages “LAD” and defects]

HIGH COURT OF MALAYA, KUALA LUMPUR
CIVIL SUIT NO. : S5 – 22 – 880 – 2006
BALIA YUSOF BIN HAJI WAHI J
28 JULY 2010
Construction law – allegation of delay – liquidated ascertained damages “LAD” – failure to handover site on schedule – time at large
Sale of goods – s 42 Sale of Goods Act 1957 –…

FD Marketing (M) Sdn Bhd v Victory Mix Sdn Bhd (2009) MWKAeJ 1207 [Construction law – Mareva injunction & claim for cost of materials]

There are 3 applications before me, enclosure (5) is in respect of the plaintiff’s application for a Mareva injunction against the defendant; enclosure (14) is in respect of the defendant’s application to set-aside the ex parte Mareva injunction obtained by the plaintiff against the defendant on 8 January 2008; and enclosure (23) is in respect of the plaintiff’s application for a summary judgment against the defendant.

Konajaya Sdn Bhd v Perbadanan Urus Air Selangor Bhd (2009) MWKAeJ 0204 [Construction law – Performance bonds]

The plaintiff and defendant entered into a construction contract for a sum of RM56,586,000. Pursuant to the contract, the plaintiff provided the defendant with a bank guarantee of RM4,895,160.00 for the design of the works. On 30 June 2003, the plaintiff received a letter from the bank informing the plaintiff that the defendant had made a call on the bank guarantee. As the defendant had attempted to call on the bank guarantee, the plaintiff applied for an ex parte injunction to restrain the defendant from demanding and accepting any monies pursuant to the bank guarantee pending the hearing of the plaintiff’s originating summons which was granted. The issue to be determined by the court was whether the defendant had failed to comply with the terms of the bank guarantee in making its call from the bank.

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