Is demoting an employee to a position he/she had never held before in a company wrong in law? Case: NG TECK FAY v. MAHKAMAH PERUSAHAAN MALAYSIA & ANOR [2021] 5 MLJ 574 Brief Facts: Ng (“the Employee”) commenced his employment on 11 April 2008 as an assistant general manager with the company at a monthlyRead more
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Is ‘intention to use inside information’ required to be proved for one to be liable for insider trading? Case: SURUHANJAYA SEKURITI MALAYSIA v. SREESANTHAN ELIATHAMBY [2021] 7 CLJ 913 Brief Facts: Sreesanthan (“the Lawyer”) is a corporate lawyer of some considerable repute. The Securities Commission Malaysia (“the SCM”) sought to make the Lawyer liableRead more
Can only parts of a statement be defamatory? Case: DATO SRI MOHAMAD SALLEH ISMAIL & ANOR v. NURUL IZZAH ANWAR & ANOR [2021] 4 CLJ 327 Brief Facts: National Feedlot Corporation Sdn Bhd (“NFCorp”) was established in 2007 as the main integrator company of the National Feedlot Centre (“NFC”) to fulfill the Government’s policy andRead more
Can an Embassy rely on Sovereign Immunity in dismissing an employee unlawfully? Case: SUBRAMANIAM A/L LETCHIMINAN v THE UNITED STATES OF AMERICA AND ANOTHER APPEAL [2021] MLJU 805 Brief Facts: Letchimanan (“the Workman”) had been working as a security guard for the USA Embassy (“the Embassy”) since 1998. On 4.4.2008, the Workman received aRead more
Are traditional marriages valid in law? Case: LOO BOO CHEAI (PENTADBIR HARTA PUSAKA CHAN KUN HONG, SIMATI) v. CHEN YUH FENG & ORS [2021] MLJU 1346 Brief Facts: Chan (“the Deceased”), and Mrs. Loo were married and registered under the Civil Marriage Ordinance No 44 of 1952 (“CMO”) with 2 children. It is notRead more
Can one person be liable to the whole debt if it’s a case of joint liability? Case: LEMBAGA KUMPULAN WANG SIMPANAN PEKERJA v. EDWIN CASSIAN NAGAPPAN @ MARIE [2021] 1 LNS 928 Brief Facts: The Employees’ Provident Fund Board (“the Board”) filed a Sessions Court suit against a company, Fix Interior Collections Sdn. Bhd. (“theRead more
Are media platforms liable for comments left by third parties? Case: PEGUAM NEGARA MALAYSIA v. MKINI DOTCOM SDN BHD & ANOR [2021] 3 CLJ 603 Brief Facts: Mkini Dotcom Sdn Bhd (“Malaysiakini”) is an online news portal that allows for the publication of comments by way of online forum responses to news articles. GanRead more
Does the bank need to inform you when they’re auctioning your property off? Case: CIMB ISLAMIC BANK BHD v. KHAIRUDDIN ABU HASSAN [2021] 4 CLJ 375 Brief Facts: CIMB Islamic Bank (“Bank”) provided a banking facility to En. Khairuddin Abu Hassan (“ Khairuddin”) to buy a penthouse (“Property”) at Mont Kiara, Kuala Lumpur pursuant toRead more
Is reducing sales commission a breach of an employment contract? Case: SANBOS (MALAYSIA) SDN. BHD. v GAN SOON HUAT [2021] 1 LNS 391 Brief Facts: Gan Soon Huat (“ Gan”) worked as a sales representative for Sanbos (“Employer”) since 1977. He was assigned a sales coverage area, paid a monthly salary, and also paidRead more
Can a celebrity’s name be used on clothing labels not sold by the celebrity? Case: MOHAMMAD HAFIZ HAMIDUN v. KAMDAR SDN BERHAD [2021] 1 LNS 590 Brief Facts: Hafiz Hamidun (“ Hafiz”) is a popular Nasyid singer and song composer. In addition to his role as an artist, he is also in the business ofRead more
