Company – Whether it was impracticable to call for a meeting and conduct a meeting. Case: Tamabina Sdn Bhd & Anor v Nakamichi Corporation Berhad [2016] 2 MLRA 649 Brief Facts: The respondent (“Nakamichi”) had purchased 51{17537d436ed2421b601d4e8347a4bca0113a3bc001127a695927b11585f47eb2} of shares in the 1st appellant (“Tamabina”). The 2nd appellant (Lai Yun Fung, “LYF”) was a Director andRead more
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Employment – Whether proven misconduct by employee deserved punishment of dismissal. Case: Mashkon Hj Samuri v Orang Kampung Holdings (M) Sdn Bhd [2016] 3 CLJ 759 Brief Facts: The appellant (“Mashkon”) was formerly an employee of the respondent (“the Company”). Mashkon’s employment with the Company was terminate pursuant to an internal investigation which was conductedRead more
Contract – Whether SPA only obliged developer to deliver vacant possession and not to give ‘right of occupation’ to buyer within 24 months. Case: BODCO Engineering and Construction Sdn Bhd v Christopher ak Matthew Mattius & Anor and other applications [2016] 7 MLJ 275 Brief Facts: The 1st respondent (“Christopher”) entered into a sale andRead more
Property – Whether Management Corporation has the locus standi to institute an action in defamation under the Stata Titles Act 1985. Case: Amber Court Management Corp & 5 Ors v Hong Gan Gui & Anor (and another appeal) [2016] 1 AMR 635 Brief Facts: The appellants comprised of Amber Court Condominium’s management corporation (“the MC”)Read more
Property – Whether a Joint Management Body (“JMB”) can be formed after and/or co-exist with an existing Management Corporation (“MC”). Case: Palm Spring Joint Management Body & Anor v Muafakat Kekal Sdn Bhd & Anor [Civil Appeal No. 02(F)-14-02/2015(W)] (FC) Brief Facts: The 1st respondent (“Muafakat Kekal”) was the developer of the residential condominium developmentRead more
Contract – Whether the restraint of trade clause in partnersheep agreement contravened s.28 Contracts Act 1950 (“the CA 1950”). Case: Millennium Medicare Services v Nagadevan Mahalingam [2016] 2 CLJ 36 Brief Facts: The appellant (“MMS”) was running a business of healthcare centres (“the said business”) with the principal place of business at Bandar Baru PermasRead more
Contract – Whether there was contract of sale & privity of contract between car purchaser and car seller. Case: Ong Siew Hwa v UMW Toyota Motor Sdn Bhd [2016] 1 MLJ 132 Brief Facts: The appellant (“Ong”) bought a car from the 1st respondent (“Toyota”) for RM151,706.45. Ong paid RM71,706.45 towards the purchase price andRead more
Contract – Whether right for purchasers to resile from their promise not to sue and claim damages for late delivery. Case: Oxbridge Height Sdn Bhd v Abdul Razak Mohd Yusof & Anor [2015] 3 MLRA 59 Brief Facts: The appellant (“Oxbridge”) was a housing developer for a housing project (“the project”). The respondents (“the purchasers”)Read more
Defamation – Whether the photograph mistakenly published in a newspaper article was defamatory. Case: Penerbit Sahabat (M) Sdn Bhd & Anor v Kalairasi Arumugam [2016] 1 CLJ 30 Brief Facts: The respondent (“Kalairasi”) sued the appellants (“PSSB”) for defamation due to a misprint on an article in a newspaper known as Malaysia Namban (Sunday edition)Read more
JHJ had the pleasure of meeting one of ThinkBuzan’s licensed instructor, Mr S. Jeyaraman for our October 2015 staff training session. ThinkBuzan is the mindchild of Tony Buzan, the pioneer of Mind Mapping techniques. The training session focused on skills and techniques on how to improve our memories. Date: 3 October 2015 Venue: JHJ KualaRead more
