Remeggious Krishnan v SKS Southern Sdn Bhd (dahulu dikenali sebagai MB Builders Sdn Bhd) [2023] 4 AMR 109, FC

Contract – Breach – Sale and purchase agreement – Split claims for damages for delivery of vacant possession without connection of electricity supply – Appeal against Court of Appeal's decision quashing award of Tribunal for Home Buyers Claims – Whether filing of two separate claims involving different matters in respect of same property contrary to ss 16M and 16Q of the Housing Development (Control and Licensing) Act 1966 – Housing Development (Control and Licensing) Act 1966, ss 16M, 16Q

Triple Equity Sdn Bhd & Anor v Golden Success Property Sdn Bhd [2023] 4 AMR 122, CA

Building and common property – Maintenance charges – Appeal – Claim against developer for misrepresentation that units were held under individual titles allowed – Claim against joint management body for lack of legal right to demand maintenance charges allowed – Challenge against High Court's order on ground of non-maintainability of declaratory reliefs sought by owner and its claim being time-barred – Whether declaratory reliefs sought under s 41 of the Specific Relief Act 1950 wrong and abuse of process of court – Whether claim time-barred – Whether joint management body had right to collect maintenance charges – Contracts Act 1950 – Specific Relief Act 1950, s 41 – Strata Management Act 2013, s 25

Qlivia Hen Chye Chin & Anor v Sachaway Sdn Bhd & 4 Ors [2023] 4 AMR 139, HC

Civil procedure – Courts – Jurisdiction – Forum conveniens – Application for transfer of proceedings from Penang High Court to Johor Bahru High Court – Claim for losses due to breach of contract and tortious conduct – Causes of action arose in Johor Bahru – Defendants' place of business and residence in Johor Bahru – Whether Penang High Court or Johor Bahru High Court appropriate forum to have jurisdiction over matter – Whether proceedings ought to be transferred – Whether transfer would be in interest of justice – Rules of Court 2012, Order 57 r 1, 1(1), (4)

Shen Yong Engineering Works Sdn Bhd v Damai Residence Sdn Bhd & Anor [2023] 4 AMR 154, HC

Arbitration – Interim injunctive relief – Mareva injunction – Application for – Claim for outstanding due arising out of construction works on land purchased by first defendant from second defendant – Registered title to land yet to be transferred to first defendant – Works commenced before obtaining relevant approvals – Debt admitted by one of company's directors owning 99% shares in company – Whether company's corporate veil ought to be lifted – Whether company could rely on defence of illegality – Whether claim time-barred – Whether court could grant interim Mareva injunction under s 11(1)(c) of the Arbitration Act 2005 and when – Nature and extent of Mareva injunction – Arbitration Act 2005, s 11(1), (1)(a), (b), (c) – Construction Industry Payment and Adjudication Act 2012 – Contracts Act 1950, s 24, 24(a)-(e) – Limitation Act 1953, ss 6(1)(a), 30(1) – National Land Code, Form 14A – Street, Drainage and Building Act 1974, ss 70, 70A – Town and Country Planning Act 1976, s 23(3)

YAY v WHO (NAN – Co-respondent) [2023] 4 AMR 193, HC

Family law – Ancillary relief – Division of matrimonial assets and maintenance – Parties went through rough marriage for six months wherein judicial separation application was filed by husband – Wife delivered son without husband's knowledge while husband living in adulterous relationship – Husband withdrew judicial separation application and wife filed for divorce – Whether cause of breakdown of marriage was adultery – Whether wife entitled to maintenance and division of matrimonial assets – Whether child entitled to father's surname – Whether wife entitled to custody of child with access to husband – Whether husband entitled to pay child maintenance – Law Reform (Marriage and Divorce) Act 1976, ss 53, 54(1)(a), (b), 88(3)

Family law – Children – Custody – Parties went through rough marriage for six months wherein judicial separation application was filed by husband – Wife delivered son without husband's knowledge while husband living in adulterous relationship – Husband withdrew judicial separation application and wife filed for divorce – Whether cause of breakdown of marriage was adultery –  Whether wife entitled to maintenance and division of matrimonial assets – Whether child entitled to father's surname – Whether wife entitled to custody of child with access to husband – Whether husband entitled to pay child maintenance – Law Reform (Marriage and Divorce) Act 1976, ss 53, 54(1)(a), (b), 88(3)

Family law – Divorce – Petition – Parties went through rough marriage for six months wherein judicial separation application was filed by husband – Wife delivered son without husband's knowledge while husband living in adulterous relationship – Husband withdrew judicial separation application and wife filed for divorce – Whether cause of breakdown of marriage was adultery – Whether wife entitled to maintenance and division of matrimonial assets – Whether child entitled to father's surname – Whether wife entitled to custody of child with access to husband – Whether husband entitled to pay child maintenance – Law Reform (Marriage and Divorce) Act 1976, ss 53, 54(1)(a), (b), 88(3)