Does an employee demotion or re-grading amount to constructive dismissal? Case: Ng Teck Fay v. Mahkamah Perusahaan Malaysia & Anor. [2021] 10 CLJ 73, Court of Appeal Brief Facts: The appellant (“Employee”) started working for the Company in 2008 as an Assistant General Manager. In 2014, the Employee accidentally shared an internal email with anRead more
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Whether an illegitimate child born outside of Malaysia to a Malaysian biological father and Filipino mother is entitled to become a Malaysian citizen? Case: CTEB & ANOR v KETUA PENGARAH PENDAFTARAN NEGARA, MALAYSIA & ORS [2022] MLJ 236 – FEDERAL COURT [CIVIL APPEAL NO: 01(i)-34-10 OF 2019(W)] Brief Facts: CTEB was born in the PhilippinesRead more
Does an attending physician have a duty to inform or warn a patient to give accurate answers to questions posed during history-taking exercise? Case: DR PREMITHA DAMODARAN v. GURISHA TARANJEET KAUR & ANOR AND ANOTHER APPEAL [2022] 3 CLJ 797 Brief Facts: The First Plaintiff in this case is Baby Gurisha Taranjeet Kaur (“Baby Gurisha”)Read more
Land Purchased at A Public Auction – Can The Buyer then sue The Bank if it is discovered that The Land was smaller than what was stated in The Proclamation of Sale? Case: AMBANK [M] BERHAD v AIM EDITION SDN BHD [2022 2 MLRA 313] Brief Facts: SAP Holdings Berhad the landowner of certain landsRead more
Is an employee’s misconduct of submitting a false claim a just cause or excuse for his dismissal? Case: TELEKOM RESEARCH AND DEVELOPMENT SDN BHD v. AHMAD FARID ABDUL RAHMAN [2021] 1 LNS 1711 [CIVIL APPEAL NO: W-01(A)-170-03 OF 2020] Brief Facts: Ahmad Farid Abdul Rahman (“Farid”) in this case was employed by a Company calledRead more
Whether the terms of trade incorporated by reference in sales contract via web-link is binding on the parties? Case: OPEN COUNTRY DAIRY LTD v ABLE FOOD SDN BHD [CIVIL APPEAL NO: W-02(IM)(NCC)-1793-11-2020] Brief Facts: Able Food Sdn Bhd (“Respondent”), a company incorporated in Malaysia, purchased instant whole milk powder from Open Country Dairy Ltd (“Appellant”),Read more
Whether a child who was abandoned at birth and later adopted was entitled to Malaysian citizenship by operation of law? Case: CCH & Anor v Pendaftar Besar Bagi Kelahiran Dan Kematian, Malaysia[CIVIL APPEAL NO. 01(f)-35-11-2020(W)] Brief Facts: In 2004, the Appellants adopted an abandoned infant (“Child”) who was born at Hospital UKM Cheras. At thatRead more
Does the Minister have the power to grant an extension of time to a housing developer to deliver vacant possession? Case: BLUDREAM CITY DEVELOPMENT SDN BHD V KONG THYE & ORS [2022] CLJ JT (2) Brief Facts: Bludream City Development Sdn Bhd (Developer) was the housing developer of the service apartments in the Mines ResortRead more
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
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
