Malaysia Case Law: Decisions & Judgments

Topic

Affidavit procedure

Legal area

Court

7 May 2025

KSS Timber Sdn. Bhd. 1. ) PENGARAH JABATAN PERHUTANAN 2. ) Kerajaan Negeri Pahang

Citation

CB-25-7-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

CB-25-7-11/2023 (Mahkamah Tinggi)

MMK had lawful jurisdiction to cancel the prior approval addressed to the licensee (JPKK); applicant as contractor did not hold the statutory licence or a sufficient proprietary or enforceable legitimate expectation to require MMK to hear it before cancellation; failure of respondents to file affidavit(s) did not amount to breach of duty of candour that would invalidate the decision; there was no procedural impropriety or Wednesbury-unreasonableness established on the material before the court; therefore the judicial review application is dismissed with costs.
7 May 2025

KSS TIMBER SDN BHD 1. ) PENGARAH JABATAN PERHUTANAN 2. ) Kerajaan Negeri Pahang

Citation

CB-25-9-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

CB-25-9-11/2023 (Mahkamah Tinggi)

The application for judicial review was dismissed with costs because the State Executive (MMK) lawfully possessed jurisdiction to cancel the prior approval; the cancellation was not shown to be ultra vires, procedurally improper or irrational on the evidence before the court; the applicant, as contractor to the licensed JPKK (the licence holder), did not have a legally enforceable entitlement that required the MMK to afford it a pre-cancellation hearing or to prevent cancellation; the respondents' failure to file answering affidavits was regrettable but did not amount to a breach of the duty…
20 Jan 2021

Ms. Kimberly Yap & Dato' Arumugam [Messrs Aru & Co] Puan Roshayati & Puan Aina Lutfia Deputy Public Prosecutors [Attorney's General Chambers]

Citation

WA-44-5-01/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-44-5-01/2021 (Mahkamah Tinggi)

Court held detention and subsequent steps were lawful: police referred case to DPP, Applicant was handed to Immigration after DPP instruction, investigations were completed, detention under s51(5)(b) to effect removal and subsequent cancellation under s9(1)(b) with removal under s56(2) and detention under s34(1) complied with statutory procedure, no mala fide or procedural non-compliance established and habeas corpus application dismissed.
24 Feb 2020

HASAN SABRI & HASHIM NAZRI (menyaman sebagai firma) SIN YEAP HOLDINGS (M) SDN BHD (No Syarikat: 232242-T)

Citation

A52NCVC-435-08/2019 (Mahkamah Sesyen)
Court

Sessions Court
Case number

A52NCVC-435-08/2019 (Mahkamah Sesyen)

Summary judgment was granted because the defendant admitted the plaintiff's involvement in the listed matters, failed to raise credible triable issues or provide proof of payments or fraud, failed to apply for taxation within the statutory period (no special circumstances proven), and the defendant's late affidavits were excluded for non-compliance with O32 r13(2).
MALAYAN BANKING BHD v DATUK LIM KHENG KHIM (1)

Citation

MALAYAN BANKING BHD v DATUK LIM KHENG KHIM (1)
Court

Malaysian court

The judgment debtor failed to prove on the balance of probabilities that the sum specified in the bankruptcy notice exceeded the amount actually due at the time of the notice; consequently the petitioning creditor satisfied the legal requirements and a receiving and adjudication order was properly made against the judgment debtor.

Malaysia Case Law

KSS Timber Sdn. Bhd. 1. ) PENGARAH JABATAN PERHUTANAN 2. ) Kerajaan Negeri Pahang

KSS TIMBER SDN BHD 1. ) PENGARAH JABATAN PERHUTANAN 2. ) Kerajaan Negeri Pahang

Ms. Kimberly Yap & Dato' Arumugam [Messrs Aru & Co] Puan Roshayati & Puan Aina Lutfia Deputy Public Prosecutors [Attorney's General Chambers]

HASAN SABRI & HASHIM NAZRI (menyaman sebagai firma) SIN YEAP HOLDINGS (M) SDN BHD (No Syarikat: 232242-T)

MALAYAN BANKING BHD v DATUK LIM KHENG KHIM (1)