BKI-22NCvC-84-6/2024

Cara Kaya Sdn Bhd

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Excelrun Sdn Bhd

Order 14A application. Whether a purchaser of a parcel in Lintas Station which has paid the full purchase price is entitled as of right to have its renovation plans (with a change of use of the subject property) endorsed by the Defendant-developer, notwithstanding the SPA and Mutual Covenants which confer discretion on the Defendant-developer. Whether the Defendant-developer is a bare trustee which has to comply with the Plaintiff-purchaser's wishes for a change of use. Whether the Defendant-developer is liable to pay damages to be assessed.

13-05-2025

All 3 questions answered in the negative. Action dismissed with costs of RM10,000.00 to the Defendant subject to payment of the allocatur fee.

LBN-22NCvC-3/8-2022

Blastone Asia Sdn Bhd

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Tunas Rakyat Sdn Bhd

Whether the 1st or 2nd Plaintiff has locus standi to sue. Whether the Defendant is a bailee or mere licensee. Bailment, negligence. Duty and standard of care of a bailee. Whether force majeure avails the Defendant. Whether insurance proceeds can be taken into account. Mitigation. Unjust enrichment. Counterclaim for unpaid rental, and trespass.

30-04-2025

The 1st Plaintiff was awarded damages for the missing and damaged Garnets, interest and total costs of RM50,000.00 subject to payment of the allocatur fee. Counterclaim dismissed. No order as to costs made against the 2nd Plaintiff whose claim was not allowed.

BKI-25-14-8/2024

MALAYSIA AIRPORTS SDN. BHD.

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ALIAS BIN BENNIE

Application for judicial review of decision of the Industrial Court

25-03-2025

Application dismissed with costs of RM10,000.00 to the 1st respondent only, as the 2nd respondent did not take an active part in the proceedings. Award of the Industrial Court upheld.

BKI-42H-19-10/2023

Mazlan Bin Juwaleh

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Public Prosecutor

APPEAL AGAINST SENTENCE

18-03-2025

The appeal against sentence is dismissed. The sentence passed by the learned Sessions Court Judge is within the sentencing trend and cannot be said to be manifestly excessive or wrong in law. The sentence of 10 years imprisonment from the date of arrest (14.03.2021) and 4 strokes of whipping is hereby affirmed.

BKI-24NCvC-193-11/2023

NGEE SIE SIK

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Lee Uk Teung AND OTHERS

Whether the Plaintiff's case under section 346 of the Companies Act 2016 had been made out. Allotment of 1,400,000 shares to the 1st to 4th Defendants. EGM on 8 April 2024 for payment of monthly directors' fees to the 2nd and 3rd Defendants. Companies in which the 1st Defendant had a vested interest were made associate business partners of the 6th Defendant.

03-03-2025

The Court ordered that the resolution for the allotment of 1,400,000 shares be cancelled and that the 6th Defendant’s register of members be restored and/or rectified to reflect the equal shareholding of the Plaintiff and the 1st Defendant prior to the passing of the impugned resolution. The Court further declared the resolution passed at the Extraordinary General Meeting on 8 April 2024 null and void. The Defendants are to pay the Plaintiff costs of RM20,000.00 subject to payment of the allocatur fees.

BKI-41S-2-5/2024

Abd Zaidi Bin Abdul Rahman

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Public Prosecutor

Appeal against conviction under section 354 of the Penal Code, and sentence of 4 years imprisonment. Failure to call person to whom the complaints were first made or to offer the person as a witness. Hearsay. Corroboration, and section 157 of the EA 1950.

14-02-2025

Appeal against conviction dismissed. Appeal against sentence allowed to the extent as follows. Term of imprisonment by Magistrate set aside, and substituted by a sentence of imprisonment of 1 year and 3 months as well as a fine of RM8,000.00 in default 8 months imprisonment.

BKI-22NCvC-18/3-2020

Tarlia Enterprise Sdn Bhd

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Ng Giak Pin

Whether the Plaintiff in its capacity as the interim management corporation had made out its case against the Defendant for arrears in management fees. Whether the Plaintiff had breached its fiduciary duties by the mixing of monies in a single account, abstracted electricity from the retail units, wrongly charged its staff payroll and utility expenses and the sewerage plant costs to the interim management corporation. Conflict of interest. Failure to provide audited accounts timeously. Whether the advances were a sham. Limitation. Lack of locus standi to counterclaim RM6,342,246.00 as the Plaintiff's purported share of the management fees for the benefit of the other retail unit owners.

07-02-2025

The Plaintiff's claim for management fee arrears was allowed, while the Counterclaim was dismissed. Costs of RM20,000.00 to the Plaintiff in its capacity as the interim management corporation subject to payment of the allocatur fee.

BKI-22NCvC-49-4/2024

YU MING WEE AND OTHERS

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IKATAN KHUSUS SDN BHD

Sale of shares agreement. Whether the Plaintiffs are entitled to 46,640.55, or at least 30,126.21 square feet of the LikasVue Project.

28-01-2025

Prayers (a) and (b) for the Plaintiffs’ entitlement to be conveyed to the Plaintiffs and/or their nominees are granted. So as to give efficacy and to facilitate prayer (b), prayers (c) and (d) are granted.. Prayers (e) and (f) relating to damages are also granted. The Defendants, jointly and severally, are to pay the Plaintiffs costs of RM50,000.00 subject to payment of the allocatur fee.

BKI-42R(A)-1-3/2024

Mohamad Nazri Bin Rabani

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Suruhanjaya Pencegahan Rasuah Malaysia (sprm)

Appeal against soliciting and receiving gratification, and against sentence. Audio recording and transcript. Evidence of Complainant who was the giver.

27-01-2025

The decision of SCJ as to conviction and sentence is affirmed. Bail is given conditional on the appeal being filed within the requisite period. It is fixed in the sum of RM3000 to be paid today and two local sureties who can be the same. The appellant is to report to the SPRM's office at Mini Putrajaya, Kota Kinabalu, Sabah on the second day of each month.

BKI-24C-4-8/2024

SINOHYDRO CORPORATION (M) SDN. BHD.

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TELEKOSANG HYDRO ONE SDN. BHD.

Applications for interlocutory injunctions to restrain call on performance bonds by the 1st respondent, or receipt of monies by the 1st respondent from the 2nd respondent. Whether the calls were unconscionable.

09-01-2025

The Originating Summons and the notice of application in each set of proceedings were dismissed with costs of RM20,000,00 to each of the 1st respondent subject to payment of the allocatur fee. Nominal costs of RM3,000.00 in each set of proceedings were awarded to the 2nd Respondent which took a neutral role in the proceedings.