Can TNB exercise its statutory power to discontinue electricity supply in the absence of continuing offence under Section 37 of the Electricity Supply Act or when the said offence is no longer in existence? Case: TENAGA NASIONAL BERHAD v CHEW THAI KAY & ANOR [2022] 2 CLJ 333 Brief Facts: Tenaga Nasional Berhad (TNB) (“Appellant”)Read more
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Can a Company justify the dismissal of a workman by relying on a reason raised for the first time at the Industrial Court (i.e after the dismissal)? Case: MARITIME INTELLIGENCE SDN BHD v TAN AH GEK [2021] 4 ILR 417 Brief Facts: Ms Tan Ah Gek [the Claimant], was employed by the Company as theRead more
Is the concept of a secret trust in a will recognised and applicable in Malaysia? Case: CHIN JHIN THIEN & ANOR v. CHIN HUAT YEAN @ CHIN CHUN YEAN & ANOR [2020] 4 MLJ 581 Brief Facts: A man was diagnosed with terminal cancer and died in 2013 (“the Deceased”). He was an engineer byRead more
Is there a contract between a bidder and the bank at an auction? Case: AMBANK (M) BERHAD v. AIM EDITION SDN BHD [2021] 1 LNS 2082 Brief Facts: The land, in this case, was charged as security for the loan facility to Ambank (“the Bank”). When the borrower of the loan defaulted on theRead more
Can a parent’s details be registered on an illegitimate child’s birth certificate? Case: LEOW FOOK KEONG (L) v. PENDAFTAR BESAR BAGI KELAHIRAN DAN KEMATIAN MALAYSIA, JABATAN PENDAFTARAN NEGARA, MALAYSIA & ANOR [2021] 1 LNS 1761 Brief Facts: Mr. Leow (“the Father”) successfully procured an order of Court declaring him as the biological father of aRead more
Can one be charged stamp duty on an inheritance? Case: PEMUNGUT DUTI SETEM v. LEE KOY ENG (SEBAGAI PENTADBIR KEPADA HARTA PUSAKA TAN KOK LEE @ TAN CHIN CHAI, SI MATI) [2021] MLJU 2083 Brief Facts: Lee Koy Eng (“ Lee”) and her son, Tan Chun Keat (“Mr. Tan”) were appointed by the Shah AlamRead more
Can an employer come up with a reason to dismiss an employee after the dismissal? Case: MARITIME INTELLIGENCE SDN. BHD. v. TAN AH GEK [2021] 1 LNS 1578 Brief Facts: Maritime Intelligence Sdn Bhd (“the Company”) owns an educational institution named the Netherlands Maritime Institute of Technology (“the Institute”). Tan Ah Gek (“Jenny”) commencedRead more
Can an adopted child be given Malaysian citizenship? Case: CHO CHIANG HUAT DAN SATU LAGI v PENDAFTAR BESAR KELAHIRAN DAN KEMATIAN, MALAYSIA [2021] MLJU 1811 Brief Facts: A couple (“the Parents”) of Malaysian citizen adopted a baby born and abandoned at Hospital Universiti Kebangsaan Malaysia, Cheras, Kuala Lumpur. The Parents then named the baby,Read more
Is demoting an employee to a position he/she had never held before in a company wrong in law? Case: NG TECK FAY v. MAHKAMAH PERUSAHAAN MALAYSIA & ANOR [2021] 5 MLJ 574 Brief Facts: Ng (“the Employee”) commenced his employment on 11 April 2008 as an assistant general manager with the company at a monthlyRead more
Is ‘intention to use inside information’ required to be proved for one to be liable for insider trading? Case: SURUHANJAYA SEKURITI MALAYSIA v. SREESANTHAN ELIATHAMBY [2021] 7 CLJ 913 Brief Facts: Sreesanthan (“the Lawyer”) is a corporate lawyer of some considerable repute. The Securities Commission Malaysia (“the SCM”) sought to make the Lawyer liableRead more
