Malaysia Case Law: Decisions & Judgments

Topic

Affidavit jurat requirements

Legal area

Court

19 Dec 2021

1. KHOR KOK CHIANG 2. TEH SIN YAW 1. LEMBAGA PENCEGAHAN JENAYAH 2. KETUA POLIS NEGARA MALAYSIA 3. KETUA POLIS NEGERI KELANTAN 4. KERAJAAN MALAYSIA

Citation

JA-25-34-07/2021 & JA-25-35-07/2021 (Mahkamah Tinggi)
Court

High Court
Case number

JA-25-34-07/2021 & JA-25-35-07/2021 (Mahkamah Tinggi)

The application for leave was dismissed because it was filed outside the three-month time limit (out by three days) without any application for extension, rendering the court without jurisdiction; additionally the challenges related to pre-order events were academic because they were superseded by the supervision/detention order and section 15B of the Prevention of Crime Act bars judicial review except on procedural compliance, so the application had no sustainable remedy.
2 Nov 2020

TAN KAH HOO LOH LI LIAN ANG KHOON CHEONG

Citation

PA-22NCVC-212-11/2016 (Mahkamah Tinggi)
Court

High Court
Case number

PA-22NCVC-212-11/2016 (Mahkamah Tinggi)

The judicial admissions made by the 1st defendant at the first trial were clear and demonstrably contradicted the grounds in his Form 19B and his affidavits were defective for non-compliance with Order 41 r3; the Court of Appeal remittal did not preclude summary disposal under Order 27 r3; on the three-stage test the 1st defendant failed to show any caveatable interest and thus all nine caveats must be removed, damages to be assessed and costs awarded.
2 Nov 2020

N. Vasantha Rajan A/L Nagarajan Wasi Harta Pusaka N. Arumugam Pillai alias N.T.S. Arumugam Pillai son of Nagappa Pillai 1. Yeoh Soon Peng (K.P. No:680227-07-5827) 2. Pusparajan A/L N. Arumugam Pillai (K.P. No:700517-07-5361)

Citation

PA-22NCVC-212-11/2016 (Mahkamah Tinggi)
Court

High Court
Case number

PA-22NCVC-212-11/2016 (Mahkamah Tinggi)

The 1st defendant made clear judicial admissions at the first trial that contradicted and amounted to abandonment of the grounds in his nine Form 19B caveat applications; his affidavits were defective for non‑compliance with Order 41 r3 ROC 2012 and cannot be used; applying the Luggage Distributors three‑stage test the 1st defendant failed to establish any caveatable interest or a serious issue to be tried, so under Order 27 r3 ROC 2012 summary judgment was appropriate to remove the nine caveats.

Malaysia Case Law

1. KHOR KOK CHIANG 2. TEH SIN YAW 1. LEMBAGA PENCEGAHAN JENAYAH 2. KETUA POLIS NEGARA MALAYSIA 3. KETUA POLIS NEGERI KELANTAN 4. KERAJAAN MALAYSIA

TAN KAH HOO LOH LI LIAN ANG KHOON CHEONG

N. Vasantha Rajan A/L Nagarajan Wasi Harta Pusaka N. Arumugam Pillai alias N.T.S. Arumugam Pillai son of Nagappa Pillai 1. Yeoh Soon Peng (K.P. No:680227-07-5827) 2. Pusparajan A/L N. Arumugam Pillai (K.P. No:700517-07-5361)