COMPANY LAW: Oppression - Minority shareholder - Petition under s. 181 of Companies Act 1965 (now s. 346 of the Companies Act 2016) - Joint venture agreement for property development project - Dispute over contribution of acquisition costs and rights issues - Allegations of breach of private contractual terms - Distinction between private rights of shareholders and company affairs - Whether complaints related to affairs of company' - Whether breach of shareholders' agreement per se actionable under s. 181 (now s. 346)- Whether relationship between parties quasi-partnership or commercial arm's length transaction - Whether elements of mutual trust and confidence established - Companies Act 1965, s. 181 (now s. 346 of the Companies Act 2016)

WORDS & PHRASES: 'Affairs of the company' - Companies Act 1965, s. 181 (now s. 346 of the Companies Act 2016) - Scope and ambit - Distinction between acts relating to management and conduct of company versus private enforcement of shareholders' agreement - Whether encompassing private matters or contractual disputes between shareholders - Whether refusal to remove directors or disputes over shell entities with no business activity constitute 'affairs of the company'

CRIMINAL PROCEDURE: Sentencing - Principles - Enhancement of sentence to compensate for exemption of whipping - Exemption from whipping for male convicts of more than 50 years of age under s. 289 of Criminal Procedure Code - Whether enhancement of sentence to be based on aggravating factors - Whether driven by need to compensate for exempted punishment - Whether trial judge adequately considered all mitigating factors - Whether enhancement of sentence caused prejudice to accused person

CRIMINAL PROCEDURE: Appeal - Appeal against conviction and sentence - Accused found guilty of trafficking in dangerous drugs - Drugs found in motorcycle carrier - Accused sentenced to life imprisonment of 30 years and 12 strokes of rotan - Whether failure to call or offer witness to defence created gap in prosecution's case - Whether lack of investigation weakened prosecution case - Whether conviction for trafficking safe - Whether charge ought to be reduced to possession - Dangerous Drugs Act 1952, ss. 39A(2) & 39B(1)(a)

CRIMINAL LAW: Offence - Trafficking in dangerous drugs - Dangerous Drugs Act 1952, s. 39B(1)(a) - Appeal against conviction and sentence - Drugs found in motorcycle carrier - Defence of innocent carrier - Whether defence bare denial, recent invention or afterthought

EVIDENCE: Adverse inference - Failure to call material witness - Accused found guilty of trafficking in dangerous drugs - Drugs found in motorcycle carrier - Accused sentenced to life imprisonment of 30 years and 12 strokes of rotan - Defence of innocent carrier - Accused identified third party immediately upon arrest - Third party who allegedly handed drugs to accused arrested but not called as prosecution witness - Whether failure to call or offer witness to defence created gap in prosecution's case - Whether adverse inference applied - Evidence Act 1950, s. 114(g)

CIVIL PROCEDURE: Case management - Purpose - Ensure 'just, expeditious and economical' disposal of suit/application by giving directions to parties - Whether court allowed to decide appeal in case management - Whether judge erred in law in deciding appeal in case management - Whether injustice occasioned by error - Whether error curable

REVENUE LAW: Stamp duty - Ad valorem stamp duty - Deceased bequeathed 80% undivided share in land to children and 20% to wife - Renunciation of 80% undivided share in land by children to mother - Mother became sole beneficiary of land - Imposition of ad valorem stamp duty on transfer of 80% undivided share - Whether valid - Whether estate vested in children - Whether Collector ought to refund amount paid - Whether Form 14A only to be imposed with nominal stamp duty - Stamp Act 1949, ss. 16(1), 36(1), 38A(1), items 32(a) & (i) of First Schedule

LAND LAW: Charge - Order for sale - Application for fresh directions for sale - Abortive and failed auctions - Whether application time-barred under Limitation Act 1953 - Whether time starts to run from date of default or date of Form 16D notice - Characterisation of application for fresh directions as ancillary and procedural - Finality of orders - Whether defendant precluded from raising limitation or challenging breach in subsequent proceedings - Whether estopped from relitigating issues through inadvertence or tactical reserve - Whether there was proof of breach - Whether conditions precedent for obtaining order for sale satisfied - Whether 'cause to the contrary' established - Whether inequitable to grant order for sale - National Land Code, s. 265(3)(b)

LAND LAW: Charge - Order for sale - Application for fresh directions under s. 265(3)(b) of National Land Code - 'cause to the contrary' - Whether established - Whether discrepancy in amount demanded or disputes over quantum constitute cause to the contrary - Certificate of indebtedness - Whether accounting disputes could resist enforcement of security - Whether inequitable or contrary to justice to grant order

LIMITATION: Actions - Land - Charge - Application for judicial sale following abortive administrative auctions - 12-year limitation period under s. 21(1) of Limitation Act 1953 - Enforcement of existing order for sale - Whether limitation for enforcement runs from date of order rather than original date of default - Whether delay in enforcement defeated plaintiff's right to security - Whether delay unreasonable or prejudicial

CIVIL PROCEDURE: Originating Summons - Order for sale - National Land Code, s. 265(3)(b) - Application for fresh public auction and vacant possession - Consequential directions following failed auctions - Finality of orders - Whether defendant estopped from relitigating issues through inadvertence or tactical reserve - Whether there was proof of breach - Whether conditions precedent for obtaining order for sale satisfied - Whether 'cause to the contrary' established - Whether inequitable to grant order for sale

ADMINISTRATIVE LAW: Judicial review - Application to quash decision of Competition Appeal Tribunal affirming Competition Commission's ('MyCC') finding of infringement - Whether MyCC's final decision exceeded scope of investigation notice - Whether there was breach of natural justice - Whether applicant afforded right to respond - Whether right to cross-examine witnesses absolute - Competition Act 2010, ss. 10(1), 18(1)(a), 36, 38 & 40 - Competition (Appeal Tribunal) Regulations 2017, reg. 13

ADMINISTRATIVE LAW: Judicial review - Application for - Challenge against decision of corporate entity to disconnect electricity supply - Corporate entity as sole licensed electricity supplier in Sarawak - Electricity meter remained under name of deceased consumer - Applicants bought property and sought new supply - Corporate entity demanded payment of arrears and disconnected electricity supply - Whether corporate entity performing public functions under statutory authority - Whether public authority - Whether actions of corporate entity amenable to judicial review - Whether applicants adversely affected by decision to disconnect electricity supply - Rules of Court 2012, O. 53 r. 2(4)

PUBLIC UTILITIES: Electricity - Licensee - Statutory monopoly - Duty to supply electricity - Disconnection of supply - Corporate entity as sole licensed electricity supplier in Sarawak - Electricity meter remained under name of deceased consumer - Applicants bought property and sought new supply - Corporate entity demanded payment of arrears and disconnected electricity supply - Whether disconnection lawful - Electricity Ordinance, ss. 27, 27A or 28

CIVIL PROCEDURE: Striking out - Application for - Application to strike out judicial review - Corporate entity as sole licensed electricity supplier in Sarawak - Electricity meter remained under name of deceased consumer - Applicants bought property and sought new supply - Corporate entity demanded payment of arrears and disconnected electricity supply - Applicants commenced judicial review against corporate entity - Whether frivolous, vexatious or abuse of process - Whether judicial review proper avenue - Rules of Court 2012, O. 53

CIVIL PROCEDURE: Affidavits - Further affidavit - Leave to file - Application for appointment of administrator pendente lite - Discovery of wedding invitation card allegedly showing familial relationship between proposed administrator and solicitor - Whether evidence newly discovered, important and apparently credible - Whether leave should be granted to admit fresh evidence - Rules of Court 2012, O. 32 r. 13(2) & O. 92 r. 4

CIVIL PROCEDURE: Amendment - Notice of application - Application for appointment of administrator pendente lite - Amendment to include alternative nominee - Whether amendment bona fide - Whether caused injustice or prejudice to plaintiff - Whether altering character of original application - Rules of Court 2012, O. 20 r. 8(1) & O. 92 r. 4

CIVIL PROCEDURE: Preliminary objection - Affidavits - Authority to affirm - First defendant affirmed affidavits on behalf of other defendants without exhibiting formal letters of authority - Whether first defendant as co-party required documentary proof of authority - Whether affidavits should be rejected or disregarded

SUCCESSION: Administration of estates - Administrator pendente lite - Appointment of - Disputes over estate validity and will - Whether there was conflict of interest regarding proposed nominee - Defendants nominating alternative nominee via amendment - Whether original application for further affidavit rendered academic by proposal of new nominee

CRIMINAL PROCEDURE: Sentence - Review - Application to review sentence under r. 137 of Rules of the Federal Court 1995 - Child offenders convicted of murder, drug trafficking and kidnapping - Sentenced to detention at pleasure of Yang di-Pertuan Agong, Ruler or Yang di-Pertua Negeri under s. 97(2) of Child Act 2001 - Whether detention indefinite and without remedy - Whether introduction of Abolition of Mandatory Death Penalty Act 2023 and Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023 created 'special circumstances' - Whether there was violation of arts. 5(1) and 8 of Federal Constitution - Whether alternative remedies available to applicants

CONSTITUTIONAL LAW: Fundamental liberties - Right to life and personal liberty - Detention of child offenders at pleasure of Yang di-Pertuan Agong, Ruler or Yang di-Pertua Negeri - Whether s. 97(2) of Child Act 2001 violated art. 5(1) of Federal Constitution - Whether sentence passed in accordance with laws - Whether deprivation of liberty lawful

CONSTITUTIONAL LAW: Fundamental liberties - Equality - Equal protection of law - Discrimination - Detention of child offenders at pleasure of Yang di-Pertuan Agong, Ruler or Yang di-Pertua Negeri - Comparison between child offenders and adult offenders - Whether exclusion of child offenders from Abolition of Mandatory Death Penalty Act 2023 and Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023 discriminatory - Whether based on reasonable classification and intelligible differentia - Whether rational relation to object of rehabilitation and re-assimilation - Federal Constitution, art. 8

ADMINISTRATIVE LAW: Judicial review - Power of pardon - Prerogative of Yang di-Pertuan Agong, Ruler or Yang di-Pertua Negeri - Whether decisions on pardon and duration of detention under s. 97(2) of Child Act 2001 justiciable - Federal Constitution, art. 42

UNINCORPORATED ASSOCIATIONS: Societies - Expulsion of member - Disciplinary proceedings - Dispute resolution - Reference to Registrar - Whether mandatory to refer dispute to Registrar of Societies before invoking court's jurisdiction - Societies Act 1966, s. 40(1), (2) & (3)

UNINCORPORATED ASSOCIATIONS: Societies - Disciplinary proceedings - Expulsion of member - Powers of Executive Committee and General Council ('GC') - Disciplinary Committee ('DC') cleared member of all charges - GC unilaterally reversed DC findings and imposed five-year suspension - Whether actions ultra vires the Constitution of the Association

UNINCORPORATED ASSOCIATIONS: Societies - Disciplinary proceedings - Expulsion of member - Right to be heard - Appeal considered and dismissed in absence of member and without prior notice of hearing - Pre-emptive suspension effectively disqualifying member from attending Extraordinary General Meeting - Deprivation of right to defend against expulsion motions - Whether acts of bad faith - Whether denial of natural justice

STATUTORY INTERPRETATION: 'consent' - Societies Act 1966, s. 40(3) - Whether consent ought to be obtained from all parties prior to reference of dispute to Registrar - Whether mandatory obligation to refer dispute to Registrar

WORDS & PHRASES: 'consent' - Societies Act 1966, s. 40(3) - Whether consent ought to be obtained from all parties prior to reference of dispute to Registrar - Whether mandatory obligation to refer dispute to Registrar

CONSTITUTIONAL LAW: Citizenship - Operation of law - Federal Constitution, art. 14(1)(b), Second Schedule, Part II, s. 1(a) - Presumption as to birth and parentage - Federal Constitution, Second Schedule, Part III, s. 19B - Prerequisites for presumption - Requirement to prove child 'found exposed' - Whether there was failure to identify person who brought child to temple - Whether there was material break in chain of events between birth and presence at temple

CONSTITUTIONAL LAW: Citizenship - Operation of law - Federal Constitution, art. 14(1)(b), Second Schedule, Part II, s. 1(e) - Requirements for citizenship - Birth within Federation - Statelessness - Onus of proof - Whether applicant must prove he was 'not born a citizen of any country' - Whether statelessness could be inferred by deduction or speculation

CONSTITUTIONAL LAW: Citizenship - Jus soli and jus sanguinis - Significance of biological parentage - Proof of lineage - Whether birth within Federation alone satisfies criteria for citizenship - Importance of biological parents' citizenship and marital status at time of birth - Failure to adduce evidence of biological lineage - Effect on claim of citizenship by operation of law

CONSTITUTIONAL LAW: Citizenship - Operation of law - Federal Constitution, art. 14(1)(b), Second Schedule, Part II, s. 1(e) - Whether applicant 'not born a citizen of any country' - Interpretation of s. 2(3), Second Schedule, Part II - Whether s. 2(3) creates deeming provision for statelessness - Whether failure to acquire citizenship within one year of birth satisfies s. 1(e)

STATUTORY INTERPRETATION: Federal Constitution - Second Schedule, Part II, s. 1(a) - Meaning of word 'parents' - Whether included adoptive parents - Reference to 'at the time of birth' - Whether limited to biological parentage - Whether Adoption Act 1952 could confer citizenship status by operation of law - Adoption Act 1952, ss. 9 & 25A

STATUTORY INTERPRETATION: Federal Constitution - Second Schedule, Part II, s. 2(3) - Purpose and scope - Whether provision limited to timing of acquisition of citizenship - Whether s. 2(3) applicable where no citizenship was acquired

LAND LAW: Acquisition of land - Compensation - Award by Land Administrator - Objection to award - Land reference to High Court - Failure to appeal against dismissal of striking out application - Effect of non-objection to consolidation of land references - Whether land reference filed within time - Whether estoppel operated in estopping challenge against validity of reference - Land Acquisition Act 1960, s. 38(3)(a)

LAND LAW: Acquisition of land - Compensation - Assessment - Opinion of assessors - Role of assessors in aiding judge - Whether mandatory for court to provide written opinions of assessors to parties - Whether non-disclosure of assessors' opinions to parties constituted breach of s. 40C of Land Acquisition Act 1960 - Whether principles in Tegas Sejati Sdn Bhd v. Pentadbir Tanah Dan Daerah Hulu Langat & Anor And Another Appeal applied

ADMINISTRATIVE LAW: Judicial review - Application for - Challenge against grant of planning permission for permanent disposal facility - Construction of facility for water leach purification waste from rare earth processing plant - Whether local planning authority under mandatory obligation to seek advice of National Physical Planning Council - Whether project fell within definition of 'major infrastructure' or 'national infrastructure' - Town and Country Planning Act 1976, ss. 20B, 21(6), 22(2A)(b) & 22(2B)

ADMINISTRATIVE LAW: Judicial review - Procedure - Application to challenge planning permission - Time limit - Requirement to file application 'promptly' - Whether 'promptness' independent and mandatory requirement - Whether failure to act promptly fatal to application - Whether court seized of jurisdiction to hear matter - Effect of delay on judicial review proceedings - Whether mandatory requirements of O. 53 r. 3(6), (7) & (8) of Rules of Court 2012 complied with

ADMINISTRATIVE LAW: Locus standi - Judicial review - Application to challenge planning permission for waste disposal site - Whether appellant an 'aggrieved person' - Whether appellant had necessary locus standi to object to planning permission - Whether right to be heard existed under s. 21(6) of the Town and Country Planning Act 1976

ADMINISTRATIVE LAW: Judicial review - Remedies - Extension of time - Delay and acquiescence - Construction of facility completed and operational during proceedings - Potential risks to public and waste management systems resulting from disruption - Whether court should exercise discretion to grant relief or extend time

LOCAL GOVERNMENT: Planning and development - Validity - Compliance with statutory requirements - Whether complied with s. 22(4)(a) of Town and Country Planning Act 1976 - Whether permanent disposal facility for radioactive waste permissible within industrial zone - Exercise of planning judgment by local planning authority - Whether planning approval in contravention of replacement local plan

ENVIRONMENTAL LAW: Waste management - Water leach purification ('WLP') residue - Radioactive material - Construction of permanent disposal facility - Regulatory framework - Whether WLP residue classified as 'radioactive waste' or 'toxic waste' - Interplay between Atomic Energy Licensing Act 1984 and Environmental Quality Act 1974 - Whether planning permission consistent with directives of State Planning Committee

STATUTORY INTERPRETATION: Town and Country Planning Act 1976 - Sections 20B(1)(b)(ii) and 22(2A)(b) - Requirement to consult National Physical Planning Council - Construction of terms 'major national infrastructure' and 'a major infrastructure or utility' - Whether applicable to private projects involving private entities - Whether permanent disposal facility site for radioactive residue on private land fell within definitions - Whether statutory presumption existed for radioactive-related facilities - Contextual and purposive approach to interpretation - Caution against over-extending definitions to constrain Local Authority decision-making or displace local planning authority

ADMINISTRATIVE LAW: Judicial review - Certiorari - Second actor theory - Cancellation of vehicle registration numbers - Whether cancellation valid and subsisting until set aside by court - Whether subsequent assignment of registration number to third party valid - Whether undue weight erroneously given to retroactive effect of certiorari - Whether remedy lay in damages - Whether public reliance on official register should be preserved - Road Transport Act 1987

ROAD TRANSPORT: Registration of vehicles - Registration numbers - Competing claims - Cancellation of registration number subsequently found to be unlawful - Re-assignment of number to bona fide purchaser while judicial review pending - Application of second actor theory - Whether third party remained rightful owner - Whether official register of Jabatan Pengangkutan Jalan reliable and valid for subsequent administrative actions