BKI-13JR-2/2-2013

Ratna Seri Arif AND OTHERS

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The Mayor of the City of Kota Kinabalu AND OTHERS

Judicial review in respect of decisions of the 1st & 2nd Respondent.

29-12-2015

The application for judicial review is accordingly dismissed with costs. The court award costs in the sum of RM20,000.00 to the 1st respondent, no order as to costs to the 2nd respondent and another Rm20,000.00 to the 3rd respondent.

BKI-22NCvC-62/7-2014

John Ambrose

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Peter Anthony

Declaration, account and transfer of property

22-12-2015

The claim is dismissed with costs. The 1st defendant's counterclaim is allowed with costs.

BKI-11ANCvC-2/8-2015

Kiduat Bin Am

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Pegawai Pendidikan Daerah Kota Belud , Sabah AND OTHERS

Appeal against interlocutory decision

15-12-2015

Appeal is dismissed. Decision of the learned Magistrate in disallowing the application for amendment to the Statement of Claim is upheld. Costs in the sum of RM500.00 to the Respondents.

BKI-24-58/9-2015

Hing Nyit Enterprise Sdn Bhd

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Eng Han Engineering Sdn Bhd

The Plaintiff seeks the Order from this Court as follows: i) a declaration that the Plaintiff is the legal and beneficial owner of the said Steel Bars located at the said Development paid by contra payments from the sub contract fees due to the Plaintiff from the said STSB under the said Award and agreed in the said Account; ii) a declaration that the Plaintiff or his agents, servants, contractors and attorneys have the right and authority to enter the project site of the said Development which is occupied by the Defendant together with their men, machinery and equipment for the sole purpose to remove/take the said Steels Bars within seven (7) days from the date of Order of this court or such further time as this court shall permit; iii) in the event that the Defendant fail, refuse or neglect to comply with (2) above within seven (7) days from the date of Order of this court or such further time as this court shall permit, the Defendant shall pay to the Plaintiff the sum of RM575,202.50 together with interest thereon at 8% per annum from the date of filing of this Originating Summons until date of full payment or until full delivery of the said Steel Bars to the Plaintiff, whichever occurs first; iv) That the costs of this application be borne by the Defendant; v) Any further or other relief as the Court deems fit to grant.

14-12-2015

Prayers 1, 2 & 3 of the Originating Summon (Enclosure 1) is allowed. Costs in the sum of RM7,000.00 is awarded to the Plaintiff.

BKI-13NCvC-12/3-2015

Jurutera Perunding Kinakota Sdn Bhd

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The Industrial Court Malaysia

1. That leave be granted to the Applicant to apply for an Order of Certiorari to move the High Court to quash Award No. 201/2015 of the 1st Respondent dated 25th February 2015 made under Section 30 of the Industrial Relations Act 1967 that the dismissal of the 2nd Respondent was without just cause and excuse and that the Applicant do pay the 2nd Respondent within 30 days from the date of the said Award (“the said Award”), the following sums of money: (a) Backwages from date of dismissal (11th November 2010) to last day of hearing (6th August 2014) and limited to 24 months less 20% in respect of post dismissal earnings RM 288,000.00 (b) Compensation in lieu of reinstatement at the rate of one month’s salary for every completed year of service for 16 years (from 1st October 1994 to 11th November 2010) RM 240,000.00 (c) Arrears in salary for 8 months from April 2010 to November 2010 RM 120,000.00 (d) Arrears in Applicant’s share of contribution to EPF for 8 months RM 22,800.00 Total RM 670,800.00 2. An Order that if this Application for leave to Apply for an Order of Certiorari is granted by this Honourable Court, then the Applicant prays that compliance with the said Award in respect of which the application has been granted and/or actions and proceedings by the 2nd Respondent shall be stayed from the date thereof until the disposal of the judicial review application by the High Court. 3. That all necessary and consequential directions and/or other orders, as the case may be, be given; and 4. That the 2nd Respondent do pay the costs occasioned by these proceedings and any consequential proceedings thereto.

08-12-2015

Application for Judicial Review taken out by the employer (Applicant) is disallowed with costs. Costs in the sum of RM15,000.00 awarded against the employer (Applicant).

BKI-41H-46/12-2014

Amil Bin Daud

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Public Prosecutor

(1) The Learned Magistrate has seriously misdirected herself on the law on standard of proof at the end of the prosecution’s case and by reasons of such misdirection, the learned Magistrate has seriously failed to subject the evidences tendered by the prosecution witnesses to a maximum evaluation to determine if the defence was to be called; (2) The learned Magistrate has seriously erred in law and in fact in ruling that the Prosecution had proved its case beyond reasonable doubt against the Appellant on the offence of reckless driving under Section 41(1) of the Road Transport Act 1987. This Appeal is against conviction and sentence. Appeal against decisions made after trial. Majistret: Puan Cindy MC Juce Balitus

26-11-2015

The appeal is disallowed.The decision of the learned Magistrate is upheld , both in respect of the conviction as well as in respect of the sentences. Application for stay of execution is granted and the Appellant is released on bail on the same sum and terms as imposed by the Court below.

BKI-13NCvC-20/6-2015

Thomas Hinjiang

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Penguasa Mahkamah Anak Negeri, Penampang

Order of Certiorari and declaration

18-11-2015

Preliminary Objection raised by Learned SFC is allowed and accordingly the Applicant's application in Encl.1 is dismissed with costs. Plaintiff do pay the 1st Respondent costs of RM1,000 and as for the 2nd Respondent, the Plaintiff do pay RM2,000 costs. It is so order.

BKI-33-80/7-2014

Joaneseh James Ghani

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Dara Singh A/l B Bishan

(i) The said marriage be dissolved; (ii) That the Petitioner shall have the sole guardianship, custody care and control of the said children namely, DARYLL SINGH and DARLENE ARIELLE KAUR; (iii) That the said children shall live with the Petitioner and that the right of access shall only be granted to the 1st Respondent provided with the consent from the Petitioner and with the supervision of the Petitioner. In any event that the Petitioner shall grant the 1st Respondent the right of access to the said children, there will be no other party to involve in such decision in respect of the right of access. The 1st Respondent also shall not take them out from the Petitioner’s house and also shall not take them out of Sabah, Malaysia without the written consent from the Petitioner; (iv) That the 1st Respondent shall pay the Petitioner and the said children the living, medical insurance and shall also contribute for educational expenses of the said children. The 1st Respondent shall pay the sum of RM2,000.00 per month (“the said payment”) to the Petitioner and the said payment shall be bank in to the saving account of the Petitioner, Maybank Account No: 1140 7608 3926 on every first week of the month. The said payment shall be continuing until the said children finish their studies. The maintenance of the said children shall be reviewed every year and the 1st Respondent shall give an additional sum of RM300.00 every year until the said children finish their studies; (v) That the 1st Respondent shall contribute towards the said children’s primary, secondary and tertiary education until completion; (vi) The 1st Respondent whether by himself, agent or worker and/or any other party prohibited, prevented or restrained from removing the children from the jurisdiction of this court without the consent of the Petitioner; (vii) The 1st Respondent whether by himself, agent or worker and/or any other party be restrained from threatening, disturbing and/or by any means using physical or mental violence to force the Petitioner and the children to accept his presence; (viii) The 1st Respondent whether by himself, agent or worker and/or any other party be restrained from entering or loitering at the Petitioner’s work place, her home or any other place in which the Petitioner and the children are located; (ix) The 1st Respondent be restrained from dissipating the fund from his EPF contribution and that 60% of the total amount of the 1st Respondent EPF account is to be held in trust for the two children; (x) That the 1st and 2nd Respondents pay the damages to the Petitioner jointly and severally the sum of RM300,000.00; (xi) That the 1st and 2nd Respondent do pay for the cost of this Petition jointly and severally; and (xii) That the Petitioner may have any further or other relief that this Honorable Court deem fit and proper.

05-10-2015

1. The marriage herein having been dissolved, maintenance for the Wife Petitioner and the children of the marriage having been resolved, and the care and custody of the children having been settled vide Court Order dated 28.8.2014. The only issues left for determination in this Trial is damages claimed against the Respondent and Co-Respondent for adultery. 2. That the damages for adultery in the sum of RM80,000.00 to be awarded against the Respondents is not unreasonable. The loss of the Respondent have is nor to the Petitioner but to the two children who are still young. It is hereby ordered that the Respondent and co-respondent jointly and severally herein do pay the said sum of RM80,000.00 to the Petitioner for her benefit and for the benefit of the two children of the marriage herein. This sum is differently from the maintenance sum ordered by the Court earlier to be paid to the Petitioner and the children of the said marriage. Court have taken care that such amount does not include exemplary or punitive damages. The damages is also different from the RM3,000 fine imposed by the Bundu Tuhan Native Court for breach of Native Adat on 24.03.2014. 3. Interest at the rate of 5% per annum shall accrue on the said RM80,000.00 from the date of this Order till full realisation. 4. In addition, the costs of and in connection with this petition shall be borne by the 1st Respondent. Costs in the sum of RM3,000 would be fair. Payment of the RM80,000.00 shall be due and payable on 5.11.2015. It is so order.

BKI-41AC-7/10-2014

Kee Noorayudah Binti Mohd Ayup

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Public Prosecutor

1. In Criminal Case No. BKI-83-634/10-2013, one (1) year imprisonment from 3.10.2013 and fine of RM1,000.00 or in default of one (1) month imprisonment; 2. In Criminal Case No. BKI-83-636/10-2013, one (1) year imprisonment and fine of RM1,000.00 or in default of one (1) month imprisonment. The imprisonment sentence runs consecutively from the imprisonment sentence in BKI-83-634/10-2013; 3. In Criminal Case No. BKI-83-637/10-2013, one (1) year imprisonment and fine of RM1,200.00 or in default of one (1) month imprisonment. The imprisonment sentence runs consecutively from the imprisonment sentence in BKI-83-636/10-2013; 4. In Criminal Case No. BKI-83-653/10-2013, one (1) year imprisonment after the expiry of imprisonment term imposed in BKI-83-655/10-2013 and fine of RM1,500.00 or in default of two (2) month imprisonment; 5. In Criminal Case No. BKI-83-654/10-2013, one (1) year imprisonment after the expiry of imprisonment term imposed in BKI-83-658/10-2013 and fine of RM1,500.00 or in default of two (2) month imprisonment; 6. In Criminal Case No. BKI-83-655/10-2013, one (1) year imprisonment after the expiry of imprisonment term imposed in BKI-83-656/10-2013 and fine of RM1,500.00 or in default of two (2) month imprisonment; Verification Code: 12-376466-1171682-1273463 3 7. In Criminal Case No. BKI-83-656/10-2013 : - For the 1st charge, fourteen (14) months imprisonment after the expiry of imprisonment term imposed in BKI-83-657/10-2013 and fine of RM1,500.00 or in default of two (2) month imprisonment; - For the 2nd charge, fourteen (14) months imprisonment after the expiry of imprisonment term imposed in BKI-83-657/10-2013 and fine of RM1,500.00 or in default of two (2) month imprisonment; - For the 3rd charge, fourteen (14) months imprisonment after the expiry of imprisonment term imposed in BKI-83-657/10-2013 and fine of RM1,500.00 or in default of two (2) month imprisonment; and - All imprisonment sentences are to run concurrently. 8. In Criminal Case No. BKI-83-657/10-2013 : - For the 1st charge, fourteen (14) months imprisonment after the expiry of imprisonment term imposed in BKI-83-636/10-2013 and BKI-83-637/10- 2013 and fine of RM1,500.00 or in default of two (2) month imprisonment; - For the 2nd charge, fourteen (14) months imprisonment after the expiry of imprisonment term imposed in BKI-83-657/10-2013 and BKI-83-637/10- 2013 and fine of RM1,500.00 or in default of two (2) month imprisonment; - For the 3rd charge, fourteen (14) months imprisonment after the expiry of imprisonment term imposed in BKI-83-657/10-2013 and BKI-83-637/10- Verification Code: 12-376466-1171682-1273463 4 2013 and fine of RM1,500.00 or in default of two (2) month imprisonment; and - All imprisonment sentences are to run concurrently. 9. In Criminal Case No. BKI-83-658/10-2013, one (1) year imprisonment after the completion of imprisonment term imposed in BKI-83-659/10-2013 and fine of RM1,500.00 or in default of two (2) month imprisonment; 10. In Criminal Case No. BKI-83-659/10-2013, one (1) year imprisonment after the completion of imprisonment term imposed in BKI-83-653/10-2013 and fine of RM1,500.00 or in default of two (2) month imprisonment; 11. In Criminal Case No. BKI-83-731/11-2013, one (1) year imprisonment from 3.10.2013; 12. In Criminal Case No. BKI-83-732/11-2013, one (1) year imprisonment after the completion of imprisonment term imposed in BKI-83-731/11-2013; 13. In Criminal Case No. BKI-83-738/11-2013, one (1) year imprisonment after the completion of imprisonment term imposed in BKI-83-731/11-2013 and BKI-83-732- 2013; 14. In Criminal Case No. BKI-83-739/11-2013, one (1) year imprisonment after the completion of imprisonment term imposed in BKI-83-731/11-2013, BKI-83-732-2013 and BKI-83-738/11-2013; 15. In Criminal Case No. BKI-83-741/11-2013 : - For the 1st charge, one (1) year imprisonment after the completion of imprisonment term imposed in BKI-83-731/11-2013, BKI-83-732-2013, BKI-83-738/11-2013 and BKI-83-739/11-2013; and Verification Code: 12-376466-1171682-1273463 5 - For the 2nd charge, one (1) year imprisonment after the completion of imprisonment term imposed in BKI-83-731/11-2013, BKI-83-732-2013, BKI-83-738/11-2013 and BKI-83-739/11-2013. 16. In Criminal Case No. BKI-83-747/11-2013, five (5) years imprisonment from 6.12.2013; 17. In Criminal Case No. BKI-83-761/11-2013, five (5) years imprisonment from 17.12.2013; 18. In Criminal Case No. BKI-83-762/11-2013 : - For the 1st charge, two (2) imprisonment from 3.10.2013; - For the 2nd charge, two (2) imprisonment from 3.10.2013; - For the 3rd charge, two (2) imprisonment from 3.10.2013; and - All imprisonment sentences are to run concurrently. 19. In Criminal Case No. BKI-83-800/12-2013 : - For the 1st charge, two (2) imprisonment from 3.10.2013; - For the 2nd charge, two (2) imprisonment from 3.10.2013; - For the 3rd charge, two (2) imprisonment from 3.10.2013; and - All imprisonment sentences are to run concurrently. Verification Code: 12-376466-1171682-1273463 6 This appeal is against the CONVICTION and SENTENCE. Appeal against decisions made after trial.

05-10-2015

Ground one of the appeal viz that Sect 164(1) of the CPC had been breached is allowed. In that case the second part of this appeal, viz that the sentences are excessive, is struck off .

BKI-13NCvC-6/1-2015

Ambiga A/p Sreenevasan

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Director of Immigration, Sabah Noor Alam Khan Bin A. Wahid Khan AND OTHERS

application for judicial review 1. An Order of Certiorari to quash the Notice of Refusal of Entry dated 14.11.2014 issued by the 1st Respondent refusing the Applicant entry into the State of Sabah; 2. An Order of Mandamus to compel the 1st, 2nd, 3rd and/or 4th Respondent to allow the Applicant entry into the State of Sabah; 3. Damages; 4. Costs; and 5. Further and other relief which this Honourable Court deems fit and proper.

28-09-2015

The JR's application is disallowed. No order as to costs.