“Whether a claim for damages, for the purpose provided in Clause 12 of the statutory sale and purchase contract with a Developer [under Schedule H of the Housing Development (Control and Licensing) Regulations 1989] requires proof of actual loss to be shown before damages could be awarded?” Case: CHONG NGE WEI & ORS v KEMAJUANRead more
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Can an employer be deemed liable for the torts committed by his independent contractors? Case: Hemraj & Co Sdn Bhd & Anor v Tenaga Nasional Bhd & Ors [2022] 7 CLJ 169 Brief Facts: The 1st Appellant (‘Hemraj & Co’), owned a bungalow and had appointed the 2nd Respondent contractor (‘R2’) to connect the bungalow’sRead more
The principle of restrictive doctrine of sovereignty in an employment dispute. Case: The United States of America v Menteri Sumber Manusia & Ors [2022] MLJU 1258 – FEDERAL COURT [Civil Appeal No: 01(f)-18-10/2021(W)] Brief Facts: The United States of America (the ‘USA) is a sovereign state which has established a diplomatic mission, the Embassy ofRead more
Can political parties sue individuals for defamatory statements? Case: Lim Lip Eng v Ong Ka Chuan (as a public officer of a society registered as Malaysian Chinese Association) [2022] MLJU 762 – FEDERAL COURT[CIVIL APPEAL NO. 02(i)-25-03 OF 2020(W)] Brief Facts: Lim Lip Eng (“Appellant”) was at the material time a Member of Parliament forRead more
Does an employee demotion or re-grading amount to constructive dismissal? Case: Ng Teck Fay v. Mahkamah Perusahaan Malaysia & Anor. [2021] 10 CLJ 73, Court of Appeal Brief Facts: The appellant (“Employee”) started working for the Company in 2008 as an Assistant General Manager. In 2014, the Employee accidentally shared an internal email with anRead more
Whether an illegitimate child born outside of Malaysia to a Malaysian biological father and Filipino mother is entitled to become a Malaysian citizen? Case: CTEB & ANOR v KETUA PENGARAH PENDAFTARAN NEGARA, MALAYSIA & ORS [2022] MLJ 236 – FEDERAL COURT [CIVIL APPEAL NO: 01(i)-34-10 OF 2019(W)] Brief Facts: CTEB was born in the PhilippinesRead more
Does an attending physician have a duty to inform or warn a patient to give accurate answers to questions posed during history-taking exercise? Case: DR PREMITHA DAMODARAN v. GURISHA TARANJEET KAUR & ANOR AND ANOTHER APPEAL [2022] 3 CLJ 797 Brief Facts: The First Plaintiff in this case is Baby Gurisha Taranjeet Kaur (“Baby Gurisha”)Read more
Land Purchased at A Public Auction – Can The Buyer then sue The Bank if it is discovered that The Land was smaller than what was stated in The Proclamation of Sale? Case: AMBANK [M] BERHAD v AIM EDITION SDN BHD [2022 2 MLRA 313] Brief Facts: SAP Holdings Berhad the landowner of certain landsRead more
Is an employee’s misconduct of submitting a false claim a just cause or excuse for his dismissal? Case: TELEKOM RESEARCH AND DEVELOPMENT SDN BHD v. AHMAD FARID ABDUL RAHMAN [2021] 1 LNS 1711 [CIVIL APPEAL NO: W-01(A)-170-03 OF 2020] Brief Facts: Ahmad Farid Abdul Rahman (“Farid”) in this case was employed by a Company calledRead more
Whether the terms of trade incorporated by reference in sales contract via web-link is binding on the parties? Case: OPEN COUNTRY DAIRY LTD v ABLE FOOD SDN BHD [CIVIL APPEAL NO: W-02(IM)(NCC)-1793-11-2020] Brief Facts: Able Food Sdn Bhd (“Respondent”), a company incorporated in Malaysia, purchased instant whole milk powder from Open Country Dairy Ltd (“Appellant”),Read more
