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
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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
Can the courts grant an extension of time for completion of a contract which performance has been delayed or hindered due to the movement control order? Case: HO KEAN PIN v. MALAYAN BANKING BERHAD & ANOR [2020] 1 LNS 1107 Brief Facts: Ho Kean Pin (“Ho”) is the successful bidder at a public auction carriedRead more
If there was late delivery of a property to the buyer, should damages for late delivery be calculated from the date of the sale and purchase agreement or the date the booking fee was paid? Case: SRI DAMANSARA SDN BHD v. VOON KUAN CHIEN & ANOR [2020] 5 CLJ 619 Brief Facts: Sri Damansara SdnRead more
Can the management corporation of a building enact house rules to prohibit short-term rentals? Case: INNAB SALIL & ORS v. VERVE SUITES MONT’ KIARA (CIVIL APPEAL NO: 02(i)-74-10/2019(W) Brief Facts: Innab Salil and others (“Said Proprietors”) have let out their apartment units (“Premises”) in Verve Suites (“Building”) for short-term rental. The Management Corporation ofRead more
Can statistical data not premised on words be found to be defamatory in nature? Case: SUN MEDIA CORPORATION SDN BHD v. THE NIELSEN COMPANY (MALAYSIA) SDN BHD [2020] 7 CLJ 751 Brief Facts: Sun Media Corporation Sdn Bhd (“Sun Media”) was the publisher of a newspaper called ‘the Sun’. Nielsen Company (Malaysia) Sdn BhdRead more
Can service charge received by employees as incentives be incorporated into the calculation of their basic salary to meet the requirement of minimum wage? Case: CRYSTAL CROWN HOTEL & RESORT SDN BHD (CRYSTAL CROWN HOTEL PETALING JAYA) v. KESATUAN KEBANGSAAN PEKERJA-PEKERJA HOTEL, BAR & RESORT SEMENANJUNG MALAYSIA [2020] 7 CLJ 709 Brief Facts: Crystal CrownRead more
Whether an article containing allegations of corrupt practices and giving of bribes was defamatory to the owner of an education institution? Case: EAGLE ONE INVESTMENT LTD & ORS V. ASIA PACIFIC HIGHER LEARNING SDN BHD [2020] 2 MLRA 659 Brief Facts: Asia Pacific Higher Learning Sdn Bhd (“APHL”) is a private limited company incorporated underRead more
