Bankruptcy – Whether proper for third party to settle debts of a bankrupt without the knowledge of or reference to Director General of Insolvency and Offical Assginee Case: Ketua Pengarah Insolvensi v Goh Ah Kai & Anor, [2016] 1 MLRA 419, CA Brief Facts: The first respondent [R] was adjudged a bankrupt in January 2013.Read more
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KAMLESH MENON How does it affect you? Malaysia is well known for being one of the fastest developing nations in Southeast Asia. As such, you would assume that the laws and regulations will be keeping up with the pace of the development of the nation in order to regulate and sometimes create some leeway toRead more
Will – Whether executor can refuse to distribute estate to other beneficiaries in acocrdance to the terms of a will on the grounds that executor had incurred expenses in looking after the testator. Case: Simon Lim v Colonel Christiam Lim Xiao Ping & Anor [2016] 5 CLJ 280 CA Brief Facts: The ceceased passed awayRead more
Lifting of Corporate Veil – Whether action can be taken against the directors of a company for a company debt. Case: Chin Chee Keong v Toling Corporation (M) Sdn Bhd [2016] 4 MLRA 180 CA Brief Facts: The respondent or plaintiff was a former partner in a legal firm known as Messrs Junaidah Mogana &Read more
Hire Purchase – Whether Jeya has to continue his obligations to the financier under a hire purchase agreement despite not having quiet possession of the vehicle. Case: Hong Leong Bank Berhad v Jeyaprakash Pillay Jegaualthan [2016] 1 LNS 493 CA Brief Facts: Jeyaprakash Pillay a/l Jegaualthan (Jeya) decided to purchase a used vehicle from aRead more
Lifting of Corporate Veil – Whether action can be taken against the directors of a company for a company debt. Case: Chin Chee Keong v Toling Corporation (M) Sdn Bhd [2016] 4 MLRA 180 CA Brief Facts: The plaintiff [Toling] is a supplier of a plastic resin used in the manufacture of plastic products. TheRead more
Sexual Harassment – Whether there is a valid cause of action for a civil claim on the grounds of sexual harassment under the existing laws of Malaysia. Case: Mohd Ridzwan Abdul Razak v. Asmah Hj Mohd Nor [2016] 6 CLJ 346 FC Brief Facts: The appellant was the General Manager of the Risk Management DepartmentRead more
Contract – Whether the bank can rely on exclusion and limitation clauses in agreement for hire to dispute liability. Case: United Overseas Bank (Malaysia) Bhd v Lee Yaw Lin & Anor , [2016] 4 CLJ 871 Brief Facts: United Overseas Bank (the “Bank”), entered into an agreement with Lee Yaw Lin and her hus-band (“YawRead more
Trespass – Whether inspection on restaurant premises is lawful or conducted with mala fide (bad intention). Case: JMJ Food & Beverages Sdn Bhd v Mohamad Zukrillah Ismail & Ors [2016] 4 CLJ 368 Brief Facts: The JMJ Food and Beverages [JMJ] was the owner of a restaurant known as the Tandoor Grill (‘the restaurant’), aRead more
Legal Employment – Whether a non-Muslim could be admitted as a Peguam Syarie to repre-sent parties in any proceedings before the Syariah Court in Wilayah Persekutuan, Kuala Lumpur. Case: Majlis Agama Islam Wilayah Persekutuan v Victoria Jayaseele Martin and Another [2016] 4 CLJ 12 Brief Facts: The appellants were the Majlis Agama Islam Wilayah PersekutuanRead more
