“Can the Tribunal for Homebuyer Claims enforce terms which were not found in the Statutory Sale and Purchase Agreement?” Case: COUNTRY GARDEN DANGA BAY SDN BHD V TRIBUNAL TUNTUTAN PEMBELI RUMAH & ANOR [2022] 5 CLJ 173 Brief Facts: The appellant, Country Garden Danga Bay Sdn Bhd (“Country Garden”) is the developer of a projectRead more
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“Whether reassignment from an acting executive role back to a non-executive role can amount to a demotion, thereby warranting a claim for constructive dismissal?” Case: KERETAPI TANAH MELAYU BERHAD v. MOHAN VYTHIALINGAM & ANOR [2023] 1 LNS 442 Brief Facts: The Claimant (“Mohan”) started working with the Company, Keretapi Tanah Melayu Berhad (“KTMB”) on 1Read more
“Whether submitting an unentitled claim can amount to serious misconduct that warrants dismissal by employer?” Case: INSTITUTE OF TECHNOLOGY PETRONAS SDN BHD / UNIVERSITI TEKNOLOGI PETRONAS v. AMIRUL FAIRUZ AHMAD [2023] 1 LNS 222 Brief Facts: University Teknologi Petronas (“University”) is a private university established in 1997 and Amirul Fairuz Ahmad (“Amirul”) was employed byRead more
“After entering into negotiations for a severance package and agreeing to the terms, can the employee still claim that he had been constructively dismissed?” Case: MATRIX GLOBAL EDUCATION SDN BHD V FELIX LEE ENG BOON [2023] 2 CLJ 34 Brief Facts: The respondent, Felix Lee Eng Boon (Felix), was employed as the CEO of theRead more
“Whether home owners can claim for cost of rectification of defects and general damages for stress and anxiety from developers?” Case: CHRISHANTHINI ANGELA REGINA SEBASTIAMPILLAI V VIEW ESTEEM SDN BHD [2022] 1 LNS 2212 Brief Facts: The purchaser (Chrishanthini) and the developer (View Esteem Sdn Bhd) entered into a Sale and Purchase Agreement (“SPA“). AfterRead more
“Is it an infringement of copyright to live screen the English Premier League matches in a restaurant/bar?” Case: THE FOOTBALL ASSOCIATION PREMIER LEAGUE LTD & ANOR V BAR THEORY SDN BHD [2023] 1 CLJ 471 Brief Facts: The 1st Plaintiff (The Football Association Premier League Ltd) (Premier League) is involved in the business of organisingRead more
“Can an illegitimate child inherit assets from a deceased parent’s estate under the laws of intestacy?” Case: TAN KAH FATT & ANOR V TAN YING [2023] 1 LNS 63 Brief Facts: • This suit arose following the death of Tan Kah Yong who passed away on 7th October 2012 due to a motor-vehicle accident. HeRead more
“Whether the Minister holds ‘absolute discretion’ in banning publications?” Case: HEW KUAN YAU v MENTERI DALAM NEGERI & ORS [2022] 8 CLJ 880 Brief Facts: The Appellant [Hew]is the author of a comic book (“the Book”) published on 18 April 2019. The title of the Book is Belt and Road initiative for Win. The BookRead more
“Can a homeowner/employer be deemed liable for the torts committed by his independent contractors?” Case: HEMRAJ & CO SDN BHD V TENAGA NASIONAL BHD [2022] 1 LNS 2918 Brief Facts: The Appellant (‘Hemraj & Co’), owned a bungalow and had hired third-party contractors to carry out excavation works to connect the septic tank of theRead more
“Whether father is entitled to custody of a child despite allegations of immoral and unethical behaviour against the father” Case: BSO V JEH [2022] 7 AMR 446 Brief Facts: This is a matter before the High Court on the application by the Applicant (“Mother”) for sole guardianship and custody, as well as care and controlRead more
