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
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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
Sexual Harassment – Whether there is a valid cause of action for a civil claim on the grounds of sexual harassment under the existing laws of Malaysia. Case: Mohd Ridzwan Abdul Razak v. Asmah Hj Mohd Nor [2016] 6 CLJ 346 FC Brief Facts: The appellant was the General Manager of the Risk Management DepartmentRead more
Contract – Whether the bank can rely on exclusion and limitation clauses in agreement for hire to dispute liability. Case: United Overseas Bank (Malaysia) Bhd v Lee Yaw Lin & Anor , [2016] 4 CLJ 871 Brief Facts: United Overseas Bank (the “Bank”), entered into an agreement with Lee Yaw Lin and her hus-band (“YawRead more
