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
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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
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
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
