When is the point of time when a debtor is considered to be unable to pay his debts? Case: AFFIN BANK BERHAD V. ABU BAKAR ISMAIL [2020] 2 MLRA 99 Brief Facts: Affin Bank Berhad (“Bank”) had obtained a judgment against Abu Bakar Ismail (“Debtor”) on 8 July 2004. Thereafter, the Bank commenced bankruptcyRead more
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Can individual parcel owners enforce rights relating to common property on their own behalf? Case: SYARIKAT EAST COAST & ORS v. MAKNA MUJUR SDN BHD & ORS [2020] 2 MLRA 440 Brief Facts: Syarikat East Coast and others were the purchasers of shophouse units in the shopping centre known as KL Plaza, located at BukitRead more
Can the giving of legal advice by an adjudged bankrupt, whose practising certificate has been suspended, amount to practising law in contravention of the Legal Profession Act 1976? Case: DARSHAN SINGH KHAIRA v. ZULKEFLI HASHIM [2020] 1 LNS 260 Brief Facts: Zulkefli Bin Hashim (“Zulkefli”) was convicted in a traffic case by the Magistrates’ court.Read more
Can a foreign national have a permanent contract of employment? Case: AHMAD ZAHRI MIRZA ABDUL HAMID v. AIMS CYBERJAYA SDN BHD [2020] 1 LNS 494 Brief Facts: Ahmad, an expatriate, received a letter of appointment for the position of consultant from AIMS. The contract for consultancy services was for a fixed term from 1 OctoberRead more
Can accused persons who are convicted of disobeying the Movement Control Order appeal for alternative punishment instead of imprisonment in the interest of justice? Case: CHIN CHEE WEI & ANOR V PP [2020] 1 LNS 319 Brief Facts: Chin Chee Wei and Chong Poh Wah (collectively, the “Accused”) were arrested and jointly charged for anRead more
Can the payment of quit rent, assessment rates, electricity and water bills be used to prove ownership of property? Case: HS REALTY SDN BHD v. YOW HONG SOON [2020] 1 LNS 230 Brief Facts: HS Realty Sdn Bhd (“New Owner”) is the registered proprietor of a piece of land in Pulau Pinang (“Said Land”). Read more
Can a civil servant be dismissed from employment by a local authority without affording him the right to be heard? Case: PIHAK BERKUASA TATATERTIB MAJLIS PERBANDARAN SEBERANG PERAI & ANOR v. MUZIADI MUKHTAR [2020] 1 CLJ 1 Brief Facts: Pihak Berkuasa Tatatertib Majlis Perbandaran Seberang Perai, a local authority responsible for the conduct and disciplineRead more
Can a child of foreign citizenship be ordered to be placed under the sole custody of her biological father who is also a foreign citizen? Case: DR JOHNY A/L KULADAIVELU V AGILAANDESWARI VASUTHEVAN [2020] 1 LNS 41 Brief Facts: Dr Johny A/L Kuladaivelu (“Dr Johny”) married Agilaandeswari Vasuthevan (“Agila”) in India and the marriage wasRead more
How does the court determine the quantum of maintenance to be paid to a spouse under section 77 of the Law Reform of (Marriage and Divorce) Act 1976? Case: NG PING PING (P) V CHONG KOK KEONG (L) [2020] 1 LNS 44 Brief Facts: Ng Ping Ping (“Wife”) and Chong Kok Keong (“Husband”) were legallyRead more
How is the land administrator supposed to assess the quantum of compensation to a land owner in a compulsory acquisition? Case: NUSANTARA DAYA SDN BHD V PENTADBIR TANAH JOHOR BAHRU [2020] 1 LNS 95 Brief Facts: Nusantara Daya Sdn Bhd was the owner of a piece of land measuring 4,464 square metre in area (“Owner”)Read more
