“When does time start to run for a claim to be brought pursuant to an Agreement? Is it the date of the Agreement? Or the date damages were suffered?” Case: JULIAN CHONG SOOK KEOK & ANOR V LEE KIM NOOR & ANOR [2024] 4 MLRA 131 Brief Facts: The 1st Appellant, Julian Chong (‘Julian’) andRead more
“What is from the duty of residential schools and the management with regards to an assault on their student i.e. bullying towards students?” Case: AHMAD IKHWAN BIN AHMAD FAUZI V MOHD FAHIMI BIN ENDUT & ORS AND ANOTHER APPEAL [2024] CLJU 608 Brief Facts: Sekolah Menengah Sains Sultan Mahmud (SESMA) Kuala Terengganu is a governmentRead more
“What is the duty of CTOS in maintaining the credit information of the public?” Case: SURIATI MOHD YUSOF V CTOS DATA SYSTEMS SDN BHD [2024] 3 MLRH 688 Brief Facts: The Plaintiff, Suriati Mohd Yusof (“Suriati”) was at the material time the Director and shareholder of Keranji Beach Resort Sdn Bhd (“the Resort”) situated inRead more
Whether the termination was without just cause and excuse; and Whether the Industrial Court has the jurisdiction to inquire into the reference and award any damages or relief when the 1st Respondent had testified, he did not wish to be reinstated. Case: MELIPOLY ENTERPRISE SDN BHD V ONG HONG YEOK AND MAHKAMAH PERUSAHAAN MALAYSIA [W-01(A)-736-12/2021]Read more
Two questions of law were posed before the High Court: Whether the determination and imposition of the different rates of maintenance charges and contribution to the sinking fund between apartment parcels and commercial parcels by the developer, during the preliminary management period was valid in law i.e. the period between the delivery of vacant possessionRead more
“Whether the conversion of minors to a different religion was lawful” Case: LOH SIEW HONG V NAGAHSWARAN A/L MUNIANDY (MAJIS AGAMA ISLAM DAN ADAT ISTIADAT MELAYU PERLIS (MAIPs) PROPOSED INTERVENER) [2023] Brief Facts: The appellant in this case is Loh Siew Hong who married her husband, Nagahswaran a/l Muniandy, in 2008 under the Law ReformRead more
“Whether a loan granted was a friendly loan or an illegal moneylending transaction in contravention of the Moneylenders Act 1951?” Case: TRIPLE ZEST TRADING & SUPPLIERS SDN BHD & ORS V APPLIED BUSINESS TECHNOLOGIES SDN BHD [2023] 2 MLJ 374 Brief Facts: Triple Zest Trading & Suppliers Sdn Bhd (TZT) along with its directors soughtRead more
Whether Section 498 Penal Code is unconstitutional as it violated fundamental principle of equality governed under Article 8(1) and (2) Federal Constitution? S 498 PC relates to a man enticing someone else’s wife to have an illicit relationship. Case: LAI HEN BENG V PP [2024] 2 MLRA Brief Facts: The Appellant, Lai Hen Beng (hereinafterRead more
“Does a published book in 2013 containing matters likely to be prejudicial to morality, public interest and public order warrant a ban?” Case: MENTERI DALAM NEGERI & ANOR V CHONG TON SIN & ANOR [2024] 2 MLRA 67 Brief Facts: The 2nd Respondent [Chong] is an author who wrote a book entitled “Gay is OK!Read more
Whether a landlord can apply for an ex parte writ of distress for an increased rent not agreed to by the tenant? [ex-parte means the landlord filed the case without informing the tenant]. Whether a landlord during an ex parte writ of distress can apply for a court order to lock up the tenant’s premises?Read more