Anselm Charles Fernandis
About J Anselm Charles Fernandis
Anselm Charles Fernandis has 22 reported Malaysia decisions (2023–2025). These were decided across MYHC (22). By subject matter, the largest shares are Civil Procedure (9), Strata Management (4) and Criminal Law (3). Of these, 22 as the delivering judge.
On the judicial record
A guide to how a High Court resolves land and order-for-sale questions under the National Land Code, strata-management charges, and banking summary judgment, alongside murder under the Penal Code and medical-negligence claims.
Anselm Charles Fernandis sits in the High Court, and this collection is a civil and commercial list with a criminal component, authored in English. Land and security are prominent: originating summonses for an order for sale and the effect of proceedings filed before the statutory one-month period in a notice under section 16D of the National Land Code had expired. Strata and property-management disputes recur through a cluster of matters against the same joint management body, raising whether it could impose charges by floor area in square feet rather than by share unit and whether that basis was reasonable. Construction features through a sub-contractor that took over works from the main contractor with the owner's permission. Banking appears through summary judgment on a certificate of indebtedness and whether the defendants raised triable issues or a manifest error in the certificate. On the criminal side, a murder charge under sections 302 and 394 of the Penal Code, tried jointly, engaged the elements of the offence and a defence of accident. Tort features through a medical-negligence claim arising from the amputation of a leg and the apportionment of liability, and constitutional law through an application engaging Article 14(1)(b) of the Federal Constitution and the citizenship provisions. The judgments identify the governing provision and apply it closely to the facts. Private individuals and accused persons are referred to by role; corporate, governmental and institutional parties are named. A recurring theme is the court's attention to the precise statutory basis of a management body's power and the strict preconditions to an order for sale, matters on which a small procedural misstep can be decisive of the outcome. The collection is a clear guide to how a High Court resolves land, strata, banking and construction disputes alongside serious crime and medical negligence, and to the way the same insistence on statutory precision runs through both its civil and its criminal work.
How many cases has Anselm Charles Fernandis decided?
Anselm Charles Fernandis has 22 reported Malaysia decisions (2023–2025), 22 of them as the delivering judge.
Which courts does Anselm Charles Fernandis sit in?
Anselm Charles Fernandis sits in MYHC (22).
What strata-management question recurs in Anselm Charles Fernandis's docket?
Whether a joint management body could impose maintenance charges by floor area in square feet rather than by share unit, and whether that basis was reasonable — a question that arose in a cluster of related matters against the same management body.
What order-for-sale question appears in this collection?
The effect of proceedings filed before the statutory one-month period in a notice under section 16D of the National Land Code had expired — a question about the strict preconditions that must be satisfied before a chargee may proceed to an order for sale.