“Whether a private security company can be held vicariously liable for the violent conduct of its employee involving firearms during the course of employment?” Case: GMP KAISAR SECURITY (M) SDN BHD v. MOHAMAD AMIRUL AMIN BIN MOHAMED AMIR [2022] 1 LNS 2455 Brief Facts: This is a Federal Court appeal against the Court of Appeal’sRead more
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“Whether or not press statements made by an employee in his capacity as a trade union officer or member, against his employer should warrant his dismissal?” Case: ISMAIL NASARUDDIN ABDUL WAHAB v MALAYSIAN AIRLINE SYSTEM BHD [2022] MLRAU 230 Brief Facts: The Respondent, Malaysian Airlines Berhad (“MAS”) was the national carrier of Malaysia. TheRead more
“When does a car park in a condominium deemed common property?” Case: SRI KELADI SDN BHD (in liquidation) v BUKIT OUG CONDOMINIUM JOINT MANAGEMENT BODY [2022] 6 AMR 296 Brief Facts: The Appellant, Sri Keladi Sdn Bhd (in liquidation) (“Sri Keladi”) was the developer of the Bukit OUG Condominium which compromised residential and commercial parcelsRead more
“Should a motorist be held liable or partly liable for an accident only on account of he/she not having a valid motorcycle licence?” Case: AHMAD ZULFENDI ANUAR v. MOHD SHAHRIL ABDUL RAHMAN [2022] 1 LNS 1732 Brief Facts: An accident occurred on 15 December 2017 between Ahmad Zulfendi’s motorcycle and the car driven by MohdRead more
“Whether a child born overseas to a foreign Father and to a Malaysian Mother can acquire Malaysian citizenship automatically by operation of law under the Federal Constitution?” Case: MAHISHA SULAIHA ABDUL MAJEED v. KETUA PENGARAH PENDAFTARAN & ORS & ANOTHER APPEAL* [2022] 1 LNS 1754 – COURT OF APPEAL Brief Facts: There are two appealsRead more
“Whether a claim for a more expensive bionic prosthesis as opposed to a mechanical prosthesis, be allowed for an accident victim?” Case: CHUA KAY HOCK & ANOR v. LEE HOON POI [2022] 7 CLJ 669 Brief Facts: An accident had occurred on the 17 November 2015 around 7.50pm between the first appellant’s (“Chua Kay Hock”)Read more
“Whether landowners or occupants have any rights or interest over trees planted on land that do not belong to them?” Case: ABDUL LATIF BIN PUTEH & 347 ORS V PENTADBIR TANAH JAJAHAN PASIR MAS & ANOR [2022 5 AMR 413] Brief Facts: Abdul Latif and 347 other Appellants (“Occupants”) claimed to be participants in whatRead more
“Whether a claim for damages, for the purpose provided in Clause 12 of the statutory sale and purchase contract with a Developer [under Schedule H of the Housing Development (Control and Licensing) Regulations 1989] requires proof of actual loss to be shown before damages could be awarded?” Case: CHONG NGE WEI & ORS v KEMAJUANRead more
Can an employer be deemed liable for the torts committed by his independent contractors? Case: Hemraj & Co Sdn Bhd & Anor v Tenaga Nasional Bhd & Ors [2022] 7 CLJ 169 Brief Facts: The 1st Appellant (‘Hemraj & Co’), owned a bungalow and had appointed the 2nd Respondent contractor (‘R2’) to connect the bungalow’sRead more
The principle of restrictive doctrine of sovereignty in an employment dispute. Case: The United States of America v Menteri Sumber Manusia & Ors [2022] MLJU 1258 – FEDERAL COURT [Civil Appeal No: 01(f)-18-10/2021(W)] Brief Facts: The United States of America (the ‘USA) is a sovereign state which has established a diplomatic mission, the Embassy ofRead more
