Alice Loke Yee Ching

On the judicial record

A High Court judge whose reported corpus combines competition and administrative law with land-fraud, defamation and commercial disputes.

Justice Alice Loke Yee Ching sits in the High Court (Mahkamah Tinggi), and the reported decisions in this corpus are civil, administrative and commercial, with a notable competition-law dimension. One decision concerns judicial review of a decision of the Competition Appeal Tribunal that had confirmed a finding by the Malaysia Competition Commission that the applicant, the sole provider of the National Single Window system, had abused a dominant position — a significant matter in Malaysian competition enforcement.

Land fraud is a recurring subject. Several decisions concern fraudulent dealings with land, including a fictitious person using a non-existent identity-card number to procure a change of the registered proprietor's name where the Land Office allowed the change without requiring the identity document or the original title, and resettlement-scheme disputes where a purchaser who fully paid under a sale-and-purchase agreement was defeated by later fraud. Defamation also features, including a claim by a national sewerage-services company over statements made to the press in response to questions about an industry restructuring.

Administrative and employment matters recur through judicial review of disciplinary action against public servants — for example an officer who failed to report for duty after approved leave — and judicial review touching an Industrial Court finding of dismissal without just cause. Land-reference compensation disputes appear, including applications by the acquiring authority to intervene and set aside an award increasing compensation, and commercial matters include an international supply-of-goods dispute and a claim for specific performance of a sale-and-purchase agreement. Estate and family-property disputes also appear, including a suit between siblings over land held under a consent judgment and the sale of co-owned land at an agreed price. The corpus reflects a High Court judge whose reported work combines competition and administrative law with land, defamation and commercial disputes, decided on close attention to the governing statutory scheme and, in the land-fraud matters, to the safeguards that the registration system is meant to provide against dealings procured by deception.