Mary Lim Thiam Suan
About FCJ Mary Lim Thiam Suan
Mary Lim Thiam Suan has 64 reported Malaysia decisions (2017–2024). These were decided across MYFC (59) and MYCOA (5). By subject matter, the largest shares are Civil Procedure (10), Administrative Law (9) and Criminal Procedure (8). Of these, 9 as the delivering judge and 55 sitting on the coram.
On the judicial record
A Federal Court judge whose reported corpus settles apex-level questions across construction adjudication, revenue law, medical-negligence damages and civil procedure.
Justice Mary Lim Thiam Suan sits in the Federal Court (Mahkamah Persekutuan), Malaysia's apex court, and the reported decisions in this corpus resolve questions of the first importance across construction, revenue, civil procedure and tort. A significant construction decision concerns the enforcement of an adjudication decision under the Construction Industry Payment and Adjudication Act 2012 and whether the strict rules of pleadings applicable in civil claims apply in adjudication proceedings — a question of considerable practical importance for the operation of the statutory payment regime.
Revenue and constitutional questions feature through a challenge to the 'pay first, dispute later' system, under which a taxpayer must pay tax on assessment before disputing it, tested by reference to section 106(3) of the Income Tax Act 1967, and a stamp-duty appeal by the case-stated procedure. Medical negligence is addressed in a decision on the liability of a hospital and the calculation of damages, including the recognition of the value of care provided — a matter of general significance for personal-injury awards.
Criminal law appears through a drug-trafficking appeal on the presumption under section 37(da) of the Dangerous Drugs Act 1952 and whether a maximum or minimum evaluation of the evidence is required to establish a prima facie case, and the corpus also engages a tort claim arising from school bullying. Land-acquisition compensation under the Sarawak Land Code, including a dispute over the calculation of compensation and inordinate delay, the interpretation of the Attorney General's consent under section 9 of the Government Proceedings Act 1956, and civil-procedure questions on the proper filing of cause papers round out a wide-ranging apex docket. The decisions reflect a Federal Court judge settling the governing principle across several fields for the guidance of the courts below, where each ruling fixes the rule the subordinate courts must then apply rather than merely disposing of the parties' immediate dispute.
How many cases has Mary Lim Thiam Suan decided?
Mary Lim Thiam Suan has 64 reported Malaysia decisions (2017–2024), 9 of them as the delivering judge.
Which courts does Mary Lim Thiam Suan sit in?
Mary Lim Thiam Suan sits in MYFC (59) and MYCOA (5).
What significant construction question appears in Justice Mary Lim Thiam Suan's corpus?
A decision on the enforcement of an adjudication decision under the Construction Industry Payment and Adjudication Act 2012 and whether the strict rules of pleadings applicable in civil claims apply in adjudication proceedings under that Act.
What revenue question does the corpus address?
A challenge to the 'pay first, dispute later' system, under which a taxpayer must pay tax upon assessment before disputing liability, examined by reference to section 106(3) of the Income Tax Act 1967.