Trespass – Whether inspection on restaurant premises is lawful or conducted with mala fide (bad intention). Case: JMJ Food & Beverages Sdn Bhd v Mohamad Zukrillah Ismail & Ors [2016] 4 CLJ 368 Brief Facts: The JMJ Food and Beverages [JMJ] was the owner of a restaurant known as the Tandoor Grill (‘the restaurant’), aRead more
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Legal Employment – Whether a non-Muslim could be admitted as a Peguam Syarie to repre-sent parties in any proceedings before the Syariah Court in Wilayah Persekutuan, Kuala Lumpur. Case: Majlis Agama Islam Wilayah Persekutuan v Victoria Jayaseele Martin and Another [2016] 4 CLJ 12 Brief Facts: The appellants were the Majlis Agama Islam Wilayah PersekutuanRead more
Contract – Whether vacant possession delivered to purchaser before occurrence of fire. Case: Lucy Wong Nyuk King & Anor v Hwang Mee Hiong [2016] 4 CLJ 813 Brief Facts: The appellants (“Lucy”) were the co-proprietors of a double storey intermediate terraced shophouse (“the property”). Lucy agreed to sell the property to the respondent (“Hwang”) forRead more
Company – Whether it was impracticable to call for a meeting and conduct a meeting. Case: Tamabina Sdn Bhd & Anor v Nakamichi Corporation Berhad [2016] 2 MLRA 649 Brief Facts: The respondent (“Nakamichi”) had purchased 51{17537d436ed2421b601d4e8347a4bca0113a3bc001127a695927b11585f47eb2} of shares in the 1st appellant (“Tamabina”). The 2nd appellant (Lai Yun Fung, “LYF”) was a Director andRead more
Employment – Whether proven misconduct by employee deserved punishment of dismissal. Case: Mashkon Hj Samuri v Orang Kampung Holdings (M) Sdn Bhd [2016] 3 CLJ 759 Brief Facts: The appellant (“Mashkon”) was formerly an employee of the respondent (“the Company”). Mashkon’s employment with the Company was terminate pursuant to an internal investigation which was conductedRead more
Contract – Whether SPA only obliged developer to deliver vacant possession and not to give ‘right of occupation’ to buyer within 24 months. Case: BODCO Engineering and Construction Sdn Bhd v Christopher ak Matthew Mattius & Anor and other applications [2016] 7 MLJ 275 Brief Facts: The 1st respondent (“Christopher”) entered into a sale andRead more
Property – Whether Management Corporation has the locus standi to institute an action in defamation under the Stata Titles Act 1985. Case: Amber Court Management Corp & 5 Ors v Hong Gan Gui & Anor (and another appeal) [2016] 1 AMR 635 Brief Facts: The appellants comprised of Amber Court Condominium’s management corporation (“the MC”)Read more
Property – Whether a Joint Management Body (“JMB”) can be formed after and/or co-exist with an existing Management Corporation (“MC”). Case: Palm Spring Joint Management Body & Anor v Muafakat Kekal Sdn Bhd & Anor [Civil Appeal No. 02(F)-14-02/2015(W)] (FC) Brief Facts: The 1st respondent (“Muafakat Kekal”) was the developer of the residential condominium developmentRead more
Contract – Whether the restraint of trade clause in partnersheep agreement contravened s.28 Contracts Act 1950 (“the CA 1950”). Case: Millennium Medicare Services v Nagadevan Mahalingam [2016] 2 CLJ 36 Brief Facts: The appellant (“MMS”) was running a business of healthcare centres (“the said business”) with the principal place of business at Bandar Baru PermasRead more
Contract – Whether there was contract of sale & privity of contract between car purchaser and car seller. Case: Ong Siew Hwa v UMW Toyota Motor Sdn Bhd [2016] 1 MLJ 132 Brief Facts: The appellant (“Ong”) bought a car from the 1st respondent (“Toyota”) for RM151,706.45. Ong paid RM71,706.45 towards the purchase price andRead more
