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If there was late delivery of a property to the buyer, should damages for late delivery be calculated from the date of the sale and purchase agreement or the date the booking fee was paid? Case: SRI DAMANSARA SDN BHD v. VOON KUAN CHIEN & ANOR [2020] 5 CLJ 619 Brief Facts: Sri Damansara SdnRead more

Can the management corporation of a building enact house rules to prohibit short-term rentals? Case: INNAB SALIL & ORS v. VERVE SUITES MONT’ KIARA (CIVIL APPEAL NO: 02(i)-74-10/2019(W) Brief Facts: Innab Salil and others (“Said Proprietors”) have let out their apartment units (“Premises”) in Verve Suites (“Building”) for short-term rental.   The Management Corporation ofRead more

Can statistical data not premised on words be found to be defamatory in nature? Case: SUN MEDIA CORPORATION SDN BHD v. THE NIELSEN COMPANY (MALAYSIA) SDN BHD [2020] 7 CLJ 751 Brief Facts: Sun Media Corporation Sdn Bhd (“Sun Media”) was the publisher of a newspaper called ‘the Sun’.   Nielsen Company (Malaysia) Sdn BhdRead more

Can service charge received by employees as incentives be incorporated into the calculation of their basic salary to meet the requirement of minimum wage? Case: CRYSTAL CROWN HOTEL & RESORT SDN BHD (CRYSTAL CROWN HOTEL PETALING JAYA) v. KESATUAN KEBANGSAAN PEKERJA-PEKERJA HOTEL, BAR & RESORT SEMENANJUNG MALAYSIA [2020] 7 CLJ 709 Brief Facts: Crystal CrownRead more

Whether an article containing allegations of corrupt practices and giving of bribes was defamatory to the owner of an education institution? Case: EAGLE ONE INVESTMENT LTD & ORS V. ASIA PACIFIC HIGHER LEARNING SDN BHD [2020] 2 MLRA 659 Brief Facts: Asia Pacific Higher Learning Sdn Bhd (“APHL”) is a private limited company incorporated underRead more

When is the point of time when a debtor is considered to be unable to pay his debts? Case: AFFIN BANK BERHAD V. ABU BAKAR ISMAIL [2020] 2 MLRA 99 Brief Facts: Affin Bank Berhad (“Bank”) had obtained a judgment against Abu Bakar Ismail (“Debtor”) on 8 July 2004.   Thereafter, the Bank commenced bankruptcyRead more

Can individual parcel owners enforce rights relating to common property on their own behalf? Case: SYARIKAT EAST COAST & ORS v. MAKNA MUJUR SDN BHD & ORS [2020] 2 MLRA 440 Brief Facts: Syarikat East Coast and others were the purchasers of shophouse units in the shopping centre known as KL Plaza, located at BukitRead more

Can the giving of legal advice by an adjudged bankrupt, whose practising certificate has been suspended, amount to practising law in contravention of the Legal Profession Act 1976? Case: DARSHAN SINGH KHAIRA v. ZULKEFLI HASHIM [2020] 1 LNS 260 Brief Facts: Zulkefli Bin Hashim (“Zulkefli”) was convicted in a traffic case by the Magistrates’ court.Read more

Can a foreign national have a permanent contract of employment? Case: AHMAD ZAHRI MIRZA ABDUL HAMID v. AIMS CYBERJAYA SDN BHD [2020] 1 LNS 494 Brief Facts: Ahmad, an expatriate, received a letter of appointment for the position of consultant from AIMS. The contract for consultancy services was for a fixed term from 1 OctoberRead more

Can accused persons who are convicted of disobeying the Movement Control Order appeal for alternative punishment instead of imprisonment in the interest of justice? Case: CHIN CHEE WEI & ANOR V PP [2020] 1 LNS 319 Brief Facts: Chin Chee Wei and Chong Poh Wah (collectively, the “Accused”) were arrested and jointly charged for anRead more