COURT OF APPEAL AT PUTRAJAYA [CIVIL APPEAL NO: B-01(NCVC)(W)-326-09-2017 & B-01(NCVC)(W)-359-08-2017] CIVIL APPEAL NO: B-01(NCVC)(W)-326-09-2017…
The Appellant/Plaintiff is the owner of a residential parcel in a mixed condominium development known as Menara Rajawali. The 1st Respondent/1st Defendant is the joint management body (“JMB”) of Menara Rajawali while the 2nd Respondent/2nd Defendant is the owner of all the car park …
The plaintiff entered into a Sand Mining Agreement with Ismarau Tajuddin Sdn Bhd (“ITSB”) on 27.8.2014. The defendant was in charge of the cash sale collections for the sale of sand at the Sand Mining Site, specifically from August to December 2014. The other directors of the defendant’s company found …
The appellants were co-proprietors of Lot 333 (“Land”) holding equal shares in the Land. Part of the Land was acquired by the respondent under s 3 of the Land Acquisition Act 1960 (“LAA”). Following an enquiry conducted by the Land Administrator, a written award in Form G was prepared by the Land …
The first plaintiff (“P1”), second plaintiff (“P2”) and the defendants (“Ds”) were shareholders and directors in two companies, namely Central Aluminium Manufactory Sdn Bhd (“CAluminium”) and Ji Seng Hong Manufacturing Sdn Bhd (“JSH”). The parties decided to go their separate ways with …
This was an application to stay all further proceedings for the taxation of costs ordered under the judgment of the Court dated 29 June 2012, pending the hearing and disposal of the petitioner’s appeal and the respondent’s cross appeal against the said judgment. The petitioner applied for an order …
The petitioners applied under section 308(5) of the Companies Act 1965 to have the name of the company restored to the register. The name of the company had been struck off the register by the respondent for the failure to file its annual returns since 1999. Although the application …
The learned Senior Assistant Registrar (SAR) had granted 8% interest rate on the amended order from assessment of damages. The execution debtor (‘ED’) was ordered by the registrar to pay the sum of RM 2,000,000 being the loss on the value of the execution creditor’s property to the executive …
By a letter of award dated 4.4.1998 (‘contract’), the defendant appointed the plaintiff as its contractor to supply, deliver and install furniture for the hotel rooms and corridors of the defendant’s hotel known as Goldcourse Hotel Resort (‘hotel’). The defendant had in its counterclaim claimed that …
The Government of India and Cairn Energy Indian Pty Ltd entered into an oil and gas joint venture, ie. a Production Sharing Contract (“PSC”). The PSC was governed by Indian law while the arbitration agreement was governed by English law. The arbitration proceedings were to be governed …
By a letter of award dated 4.4.1998 (‘contract’), the defendant appointed the plaintiff as its contractor to supply, deliver and install furniture for the hotel rooms and corridors of the defendant’s hotel known as Goldcourse Hotel Resort (‘hotel’). The defendant had in its counterclaim claimed that …
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 …
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 …
