“Whether a termination clause in a Government contract on grounds of national security/policy violated the Federal Constitution or the Contracts Act 1950?” Case: KERAJAAN MALAYSIA v PDS TRAINING CAMP SDN BHD [2024] CLJU 2022 Brief Facts: PDS Training Camp Sdn Bhd [PDS] is a private limited company involved in the accommodation and food services business.Read more
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What proof must be produced that a party published defamatory statements before being found liable for defamation? Is a line of credit provided to enable someone to gamble a “gambling contract” Case: TING SIU HUA V. DATO’ TING CHING LEE & ANOTHER APPEAL [2024] 8 CLJ 853 Brief Facts: The Plaintiffs are businessmen in Sarawak,Read more
“Can a defamation suit be brought against CTOS?” Case: CTOS DATA SYSTEMS SDN BHD V SURIATI MOHD YUSOF [2024] 6 MLRA 97 Brief Facts: The Plaintiff in this case Suriati Mohd Yusof (“Suriati”) brought a claim for negligence and defamation against CTOS Data System Sdn Bhd (“CTOS”), a private credit reporting agency. On 16 AprilRead more
“Was the 54-month period of delivery in the Sale and Purchase Agreement valid?” Case: OBATA-AMBAK HOLDINGS SDN BHD V PREMA BONANZA SDN BHD & OTHER APPEALS [2024] 6 MLRA 1 Brief Facts: There were 5 appeals in this case which were heard together, all relating to the payment of Liquidated Ascertained Damages (“LAD”) for lateRead more
Can DNA tests be used to determine the biological father of a child? If the DNA tests can be used, will it then challenge the legitimacy of a child born into a marriage? Case: MPPL & ANOR v CAS [2024] 5 MLRA 513 Brief Facts: CAS is a pilot. MPPL is an air stewardess whoRead more
“What is the effect of a nomination done at KWSP?” Case: DIVYYA MANCHAP v LEMBAGA KUMPULAN WANG SIMPANAN PEKERJA [2024] 5 MLRH 406 Brief Facts: Divyaa Manchap (“Divyaa”) brought a claim against Lembaga Kumpulan Wang Simpanan Pekerja, (“KWSP”) with regards to the distribution of her late father, Manchap a/l Suppiah’s (“Manchap”) estate. Manchap (“Deceased”) hadRead more
“What determines if an employee has been constructively dismissed?” Case: TAN LAY PENG V RHB BANK BERHAD & ANOR [2024] 5 MLRA 171 Brief Facts: On 13 June 2011, the Appellant, Mr Tan was employed by RHB Bank Berhad (“the Bank”) as its Operations Head, Thailand Operations in Bangkok. The terms of the employment wereRead more
“Who is liable when an employee forges cheques and cheats its Employer? The Employer? The Bank who helped cash the cheques? Or Both?” Case: STARFISH HOLDINGS SDN BHD V HONG LEONG BANK BERHAD & ANOR [2024]4 MLRA 526 Brief Facts: The Appellant, Starfish Holdings Sdn Bhd (“Starfish”) is a private limited company and the customerRead more
“Whether Sunway Putra Hotel was liable to the Plaintiffs for the death of their son who drowned in the Hotel swimming pool?” Case: QI QIAOXIAN & ANOR v SUNWAY PUTRA HOTEL SDN BHD [2024] 4 MLRA 49 Brief Facts: The Plaintiff in this case the family of Qi Qiaoxian a 22 year old citizen fromRead more
“Which Court has the jurisdiction to determine a person seeking a declaration that she is not a person professing the religion of Islam? Who has the jurisdiction in determining this question?” Case: DAHLIA DHAIMA ABDULLAH V MAJLIS AGAMA ISLAM SELANGOR (MAIS) & ANOTHER APPEAL [2024] 4 MLRA 453 Brief Facts: The Appellant, Dahlia Dhaima AbdullahRead more
