Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Inherent jurisdiction of court

Legal area

Court

26 May 2023

TAN SRI DATO' KAM WOON WAH 1. ) HANNAH KAM ZHEN YI 2. ) Ong Yue Guan PENCELAH C.Y. TEN & CO

Citation

WA-22NCvC-140-03/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-140-03/2018 (Mahkamah Tinggi)

The court concluded the counsel's personal relationship and conversation with the Plaintiff created a real risk of conflict and possible disclosure of confidential information, making continued representation incompatible with the administration of justice; accordingly the counsel was disqualified and the Plaintiff was not estopped from applying.
6 Oct 2021

KERAJAAN MALAYSIA 1. ) MAKSIMA AMANJAYA DEVELOPMENT SDN BHD (DAHULU DIKENALI SEBAGAI MAKSIMA AMANJAYA TERMINAL SDN BHD) (1038187-A) 2. ) MOHD FAIEZ BIN GHAZALI

Citation

AA-21NCVC-8-02/2021 (Mahkamah Tinggi)
Court

High Court
Case number

AA-21NCVC-8-02/2021 (Mahkamah Tinggi)

The stay application was dismissed because the statutory scheme in the Income Tax Act requires payment upon service of an assessment and recovery proceedings do not render an appeal to the SCIT nugatory; although the court has inherent jurisdiction to grant a stay, the Defendants did not show special circumstances to justify it. An interim stay was allowed only to permit renewal of the stay application in the Court of Appeal under s44 CJA.