JUDGMENTS
Civil Appeal No. 17 of 2006
[Assignment of future moneys due under contract – effective because made for consideration which passed, was expressed in present terms and was notified to debtor – against judicial manager who uses moneys to pay company debts – personal liability of judicial manager.]
The Judicial Manager (L & L) Engineering Corporation Sdn Bhd Under Judicial Management v Baiduri Bank Berhad
COACV/17/2006
Decision date: 4 Dec 2007
Civil Appeal No. 1 of 2007
[Issue of Certificate of Practical Completion by architect under a concurrent contract held to be valid. Appeal allowed. Cost sent back to trial judge to decide damages issue. Appeal dismissed on a 2nd claim.]
Pg Hj Tuah Bin Pg Hj Menudin (Puting) and 11 others v McBrumby Development Company (sued as firm) and 3 others
COACV/1/2007
Decision date: 3 Dec 2007
Civil Appeal No. 20 of 2005
[Limitation of actions – accrued right under Limitation Act 1967 – 2004 amendments to Interpretation and General Clauses Act 1959 do not have the effect that Emergency (Limitation) Order 1991 took away existing right – application of Marsal v Apong [1998] 1 WLR 674 – appeal against judgment for defendant dismissed.]
John Daniel Chong Lai Man v Major Haji Mohamad Hussain Bin Haji Mohamad
COACV/20/2005
Decision date: 3 Dec 2007
Criminal Appeal No. 10 of 2007
[Respondent aged 23 pleaded to 33 offences of dishonesty on 4 separate occasions in front of different tribunals. 9 years and 11 months to be served reduced to 8 years and 2 months to reflect total criminality. This is a heavy deterrent sentence for a young man of 23 without previous offending. Undesirable to sentence on 4 different occasions for parts of the same series of offences]
PUBLIC PROSECUTOR v Mohd Hamni Bin Mohd Edham (R1), Mohd Noh Bin Mohd Edham (R2)
COACM/10/2007
Decision date: 29 Nov 2007
Civil Appeal No. 11 of 2006
[nterest on costs runs from the date the judgment is given – the incipitur rule.]
Sayed Late Momin Shaikh v Syarikat Haji Abd Hamid Haji Bakar Dan Anak-Anak
COACV/11/2006
Decision date: 28 Nov 2007
Civil Appeal No. 6 of 2007
[Appeal against 0.14 grant of Summary Judgment; Refusal to allow ad hoc admission of English Queen’s Counsel; Appeal against that decision – Held: Decision wrong in so far as it took into account skill and qualifications of local counsel. Decision reverse on ground special skill and qualifications were required.]
Pg Dato Setia Yusof Bin Pg Dato Hj Sepiuddin v Baiduri Bank Berhad
COACV/6/2007
Decision date: 26 Nov 2007
Civil Appeal No. 6 of 2007
[Appeal against 0.14 grant of Summary Judgment; Refusal to allow ad hoc admission of English Queen’s Counsel; Appeal against that decision – Held: Decision wrong in so far as it took into account skill and qualifications of local counsel. Decision reverse on ground special skill and qualifications were required.]
Pg Dato Setia Yusof Bin Pg Dato Hj Sepiuddin v Baiduri Bank Berhad
COACV/7/2024
Decision date: 8 Oct 2025
Criminal Appeal No. 11 of 2007
[Appeal against decision by judge holding Notice of Motion was incorrect procedure in an application to recuse in course of criminal trial. Held – Jurisdiction of Court of Appeal is governed by Cap 44 and 45 of Criminal Procedure Code and an appeal in a criminal trial can only be made after conviction]
YAM Pengiran Indera Wijaya Pengiran Dr Haji Ismail Bin Pg Haji Damit, Wong Tim Kai v PUBLIC PROSECUTOR
COACM/11/2007
Decision date: 24 Nov 2007
Criminal Appeal No. 9 of 2004
[Appeal against conviction for two rapes of 13 year old daughter –credibility issue
resolved in favour of daughter- appeal dismissed. Appeal against total sentence of 20 years and 15 strokes concurrent with earlier sentence of 10 ½ years for 7 offences of using criminal force intending to outrage modesty against same daughter – serious offences – force and threats – sentence upheld]
Pg Hasmali Bin Pg Damit v PUBLIC PROSECUTOR
COACM/9/2004
Decision date: 15 Nov 2007
Criminal Appeal No. 5 of 2005
[Housebreaking and theft – appropriate approach to sentencing for multiple offences and
application of totality principle]
Mohammad Joll Bin Tumih (D1), Mohammad Sharifuddin Bin Abdullah (D2) v PUBLIC PROSECUTOR
COACM/5/2005
Decision date: 15 Nov 2007
Criminal Appeal No. 8 of 2007
[Long delay partly due to negotiations which resulted in the Public Prosecutor dropping some charges and preferring a lesser charge to which the Appellant pleaded guilty. Not a late plea in the circumstances. Delay of over 4 years not Appellant’s fault. Appellant entitled to usual discount for plea and some reduction for the excessive delay]
Ridzwan Bin Haji Mansor v PUBLIC PROSECUTOR
COACM/8/2007
Decision date: 12 Nov 2007
Criminal Appeal No. 12 of 2007
[Sentence – 4 housebreaking and 1 retaining property – guilty pleas – 4 years not
manifestly inadequate or manifestly excessive – appeals dismissed]
PUBLIC PROSECUTOR vWu Zhongping (A1), He Xiongbing (A2)
COACM/12/2007
Decision date: 10 Nov 2007
Criminal Appeal No. 4 of 2007
[Sentence – Culpable homicide not amounting to murder attack by armed group resulting
in death – 4 years clearly not excessive – appeals dismissed]
Gunasekaran Marunggapan [D1], Sahayaraj Soosai [D2], Pandian Arunakiri [D3], R. Mohan Raj Rengadas [D4] v PUBLIC PROSECUTOR
COACM/4/2007
Decision date: 10 Nov 2007
Criminal Appeal No. 12 of 2007
[Sentence – 4 housebreaking and 1 retaining property – guilty pleas – 4 years not
manifestly inadequate or manifestly excessive – appeals dismissed.]
PUBLIC PROSECUTOR v Wu Zhongping (A1),He Xiongbing (A2)
COACM/12/2007
Decision date: 10 Nov 2007
Criminal Appeal No. 6 of 2007
[Sentence passed less than the minimum under S. 3A and 2nd Schedule of the Misuse of Drugs Act Cap 27]
PUBLIC PROSECUTOR v Aliman Bin Haji Kalong
COACM/6/2007
Decision date: 7 Nov 2007
Criminal Appeal No. 5 of 2007
[Attempted rape of 13 year old school girl by family driver. Given position of trust sentence of 9 years after trial was appropriate]
Darsono Seno v PUBLIC PROSECUTOR
COACM/5/2007
Decision date: 6 Nov 2007
Criminal Appeal No. 9 of 2007
[A total sentence of 6 year and 7 months and 5 strokes for 3 offences of carnal knowledge of a boy aged 5 years and 7 months contrary of S. 377 of the Penal Code and 1 offence of outraging his modesty contrary to S. 354 held to be manifestly lenient. Appeal allowed and a sentence of 9 years imprisonment and 5 strokes substituted]
PUBLIC PROSECUTOR v Bahrin Bin Rejab
COACM/9/2007
Decision date: 5 Nov 2007
Civil Appeal No. 2 of 2007
[Principal debtor and guarantors sued by bank for amounts owing under loan agreement Action settled. Consent judgment embodying settlement agreement. Failure to make repayments stipulated in settlement agreement. Writ issued relying upon loan agreement. Summary judgment sought and granted in that action. Held, on appeal, that there was no entitlement to summary judgment in the action brought relying upon the original loan agreement as the consent judgment embodying the Settlement Agreement extinguished the original causes of action. Quare whether the position would be otherwise in a fresh action relying upon the consent judgment.]
Liaw Watt Lee, Tan Biew Peng, Lim Beng Kwang v Baiduri Bank Berhad
COACV/2/2007
Decision date: 24 May 2007
Criminal Appeal No. 1 of 2005
[Criminal Law. Murder conviction. Diminished responsibility under s. 303(1) Criminal
Code, Cap. 22. Question of degree for the trial court. Application under s.
435(1)(c) Criminal Procedure Code, Cap. 7, to receive further evidence on appeal.
Appeal dismissed.]
Decision date: 24 May 2007
Civil Appeal No. 2 of 2007
[Principal debtor and guarantors sued by bank for amounts owing under loan agreement Action settled. Consent judgment embodying settlement agreement. Failure to make repayments stipulated in settlement agreement. Writ issued relying upon loan agreement. Summary judgment sought and granted in that action. Held, on appeal, that there was no entitlement to summary judgment in the action brought relying upon the original loan agreement as the consent judgment embodying the Settlement Agreement extinguished the original causes of action. Quare whether the position would be otherwise in a fresh action relying upon the consent judgment.]
Decision date: 24 May 2007
Civil Appeal No. 4 of 2007
[Appeal against judge’s award of interest and default interest due on Banker’s claim under facility letters granting a term loan. Agreement for repayments on the loan to be made from customer’s current account which he did not keep in funds so that it went into unauthorised overdraft. Principal sums repaid by agreement. Issues concerning the interest and default interest payable on the overdraft and principal under the facility letters. Facility letter agreements held to apply to the current account as well as the loan account. Order of the judge upheld. Appeal dismissed. ]
Decision date: 23 May 2007
Civil Appeal No. 12 of 2006
[Cyclist injured in road accident gave notice reserving his rights under section 9 of the Motor Vehicle Insurance (Third Party Risks) Act Cap 90 to the insurer of the registered owner (who had sold the insured motor car before the accident). The Cyclist intends to seek judgment against the registered owner and/or the unauthorised driver. He has not obtained judgment on either liability or quantum and has no claim against the insurer until he does. It is not known whether he will have a claim against the insurers or whether he will pursue it. Insurers application
for a declaration that it is not liable to the cyclist struck out by Registrar under O.15 r.16 as disclosing no reasonable cause of action and an abuse of process. Upheld by judge. Insurers appeal dismissed by Court of Appeal with costs on an Indemnity basis. ]
Decision date: 21 May 2007
Civil Appeal No. 19 of 2005
[Appeal allowed. Claim for goods sold and delivered. Items of small value sold and delivered over a long period of time. Course of dealings based upon written orders and acknowledgements of receipt. Admissibility of documentary evidence. Shifting of the evidentiary burden to the defendant. Waiver of objection to admissibility by the defendant.]
Decision date: 21 May 2007
Civil Appeal No. 6 of 2006
[Order 14 Rules of the Supreme Court. Summary Judgment for part of the plaintiff’s claim based on architect’s certificates issued under a building contract. Proper construction of the contract. No issue of law involved. Judge’s discretion as to whether execution should be stayed pending determination of counterclaim for damages.]
Decision date: 17 May 2007
Criminal Appeal No. 4 of 2006
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