Is the guarantor who claimed that his signatures were forged able to void the guarantee provided to a bank? Case: BANK KERJASAMA RAKYAT MALAYSIA SDN BHD v. HONG VOON CHUNG [2021] 1 LNS 250 Brief Facts: Instyle Furniture Industries Sdn Bhd (“Borrower”) was granted various Islamic financing facilities (“Facilities”) by Bank Kerjasama Rakyat Malaysia BerhadRead more
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Can the legitimate child of a father follow the surname of his mother? Case: TONG SEK EE v. HO SHU JOON & ANOR [2021] 3 CLJ 119 Brief Facts: Tong Sek Ee (“Mother”) and Ho Shu Joon (“Father”) were married in 2013 but the marriage did not last long. In 2016, 4 days afterRead more
Whether an illegitimate child whose mother is not professing the religion of Islam can be said to be professing the religion of Islam? Case: ROSLIZA IBRAHIM v. KERAJAAN NEGERI SELANGOR & ANOR [2021] 1 LNS 30 Brief Facts: Rosliza binti Ibrahim (“Rosliza”) was born at the Chinese Maternity Hospital Kuala Lumpur on 19 November 1981Read more
Was there a conflict of interest in having the same legal firm represent the Investigation Committee of MIA and MIA at different proceedings? Case: NG YEE HONG v. MALAYSIAN INSTITUTE OF ACCOUNTANTS [2021] 1 CLJ 666 Brief Facts: Ng Yee Hong (“Ng”) was a professional accountant and a member of the Malaysian Institute of AccountantsRead more
When a developer delays in handing over vacant possession of a property, when does the calculation of liquidated damages begin from? Is it the date of the payment of the booking fee or the date of the sale and purchase agreement? Case: PJD REGENCY SDN BHD v. TRIBUNAL TUNTUTAN PEMBELI RUMAH & ANOR [2021] 1Read more
Which takes precedence? Is it the contents of an agreement which state who owns the property or the contents of the register document of title? Case: LEONG WAI CHOONG & ORS v. MAH GUAT ENG & ANOR [2020] 1 LNS 1142 Brief Facts: A property held under an individual title in Kuala Lumpur (“Property”) wasRead more
Can a person who has given a property by way of a gift claim caveatable interest over the said property subsequently? Case: HANNAH KAM ZHEN YI v. TAN SRI DATO’ KAM WOON WAH & ANOR AND ANOTHER APPEAL [2020] 1 LNS 926 Brief Facts: A property held under Grant No. 36830 for in Lot 4837Read more
Can a purchaser of an auction property claim trespass on the basis that it was unaware of the existence of retention pond and structures on the auction land? Case: BAYANGAN SEPADU SDN BHD v. JABATAN PENGAIRAN DAN SALIRAN NEGERI SELANGOR & ORS [2020] 10 CLJ 321 Brief Facts: Bayangan Sepadu Sdn Bhd (“Purchaser”) had purchasedRead more
Can a management corporation suspend the usage of the common facilities or common services due to arrears owing by a proprietor, which arrears are disputed by the proprietor? Case: PERBADANAN PENGURUSAN 3 TWO SQUARE v. 3 TWO SQUARE SDN BHD [2020] 1 LNS 1377 Brief Facts: Perbadanan Pengurusan 3 Two Square is the management corporationRead more
Can a purchaser claim for the potential loss of profit on a property successfully bid at an auction if the property bid is subsequently claimed by someone else later? Case: PENDAFTAR HAKMILIK PEJABAT TANAH DAN GALIAN SELANGOR & ANOR v. LAU YONG YING [2020] 5 CLJ 164 Brief Facts: Lau Yong Ying (“Lau”) had successfullyRead more
