Was there a concluded contract for the appointment of a real estate agent even though the letter of appointment was unsigned? Case: ZERIN PROPERTIES V NAZA TTDI SDN BHD [2020] 1 MLRA 362 Brief Facts: Zerin Properties was a licensed real estate agency (“Agent”). Naza TTDI Sdn Bhd was a property development company (“Developer”).Read more
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Is Tenaga Nasional Berhad required to prove that there was interference of its meter by the alleged party before it may succeed in its claim for loss of revenue from interference of its meter? Case: NG KEE WEI V. TENAGA NASIONAL BERHAD [2020] 1 LNS 7 Brief Facts: Ng Kee Wei (“Ng”) was a customerRead more
Is it legal for an employer to terminate an employee based on a contractual right to terminate the employee contained in the employment contract? Case: OMAR OTHMAN v. KULIM ADVANCED TECHNOLOGIES SDN BHD [2019] 6 MLRA 756 Brief Facts: Omar Othman (“Employee”) was terminated by Kulim Advanced Technologies Sdn Bhd (“Employer”) based on a contractualRead more
If a tenant holds over after the expiry of the tenancy, in what circumstance can a landlord charge double rent and is there a need for the landlord to prove wilful and contumacious conduct on the part of the tenant in holding over? Case: ROHASASSETS SDN BHD v. WEATHERFORD (M) SDN BHD [2019] 6 MLRARead more
Can an extension of time for delivery of vacant possession of a property be granted by the Controller of Housing? Case: ANG MING LEE & ORS v. MENTERI KESEJAHTERAAN BANDAR, PERUMAHAN DAN KERAJAAN TEMPATAN & ANOR AND OTHER APPEALS [2019] 1 LNS 1741 Brief Facts: By a sale and purchase agreement dated 3 May 2012Read more
Bankruptcy – Whether proper for third party to settle debts of a bankrupt without the knowledge of or reference to Director General of Insolvency and Offical Assginee Case: Ketua Pengarah Insolvensi v Goh Ah Kai & Anor, [2016] 1 MLRA 419, CA Brief Facts: The first respondent [R] was adjudged a bankrupt in January 2013.Read more
Will – Whether executor can refuse to distribute estate to other beneficiaries in acocrdance to the terms of a will on the grounds that executor had incurred expenses in looking after the testator. Case: Simon Lim v Colonel Christiam Lim Xiao Ping & Anor [2016] 5 CLJ 280 CA Brief Facts: The ceceased passed awayRead more
Lifting of Corporate Veil – Whether action can be taken against the directors of a company for a company debt. Case: Chin Chee Keong v Toling Corporation (M) Sdn Bhd [2016] 4 MLRA 180 CA Brief Facts: The respondent or plaintiff was a former partner in a legal firm known as Messrs Junaidah Mogana &Read more
Hire Purchase – Whether Jeya has to continue his obligations to the financier under a hire purchase agreement despite not having quiet possession of the vehicle. Case: Hong Leong Bank Berhad v Jeyaprakash Pillay Jegaualthan [2016] 1 LNS 493 CA Brief Facts: Jeyaprakash Pillay a/l Jegaualthan (Jeya) decided to purchase a used vehicle from aRead more
Lifting of Corporate Veil – Whether action can be taken against the directors of a company for a company debt. Case: Chin Chee Keong v Toling Corporation (M) Sdn Bhd [2016] 4 MLRA 180 CA Brief Facts: The plaintiff [Toling] is a supplier of a plastic resin used in the manufacture of plastic products. TheRead more
