“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
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“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
“Whether order for reinstatement is appropriate for a high-ranking officer who was dismissed?” Case: NOVARTIS CORPORATION (MALAYSIA) SDN BHD v. MAHKAMAH PERUSAHAAN MALAYSIA & ORS [2022] 5 MLRA 584 Brief Facts: This is a Court of Appeal decision against the High Court’s findings which had previously affirmed Industrial Court’s award. The Appellant, Novartis Corporation (Malaysia)Read more
“Whether a private security company can be held vicariously liable for the violent conduct of its employee involving firearms during the course of employment?” Case: GMP KAISAR SECURITY (M) SDN BHD v. MOHAMAD AMIRUL AMIN BIN MOHAMED AMIR [2022] 1 LNS 2455 Brief Facts: This is a Federal Court appeal against the Court of Appeal’sRead more
“Whether or not press statements made by an employee in his capacity as a trade union officer or member, against his employer should warrant his dismissal?” Case: ISMAIL NASARUDDIN ABDUL WAHAB v MALAYSIAN AIRLINE SYSTEM BHD [2022] MLRAU 230 Brief Facts: The Respondent, Malaysian Airlines Berhad (“MAS”) was the national carrier of Malaysia. TheRead more
“When does a car park in a condominium deemed common property?” Case: SRI KELADI SDN BHD (in liquidation) v BUKIT OUG CONDOMINIUM JOINT MANAGEMENT BODY [2022] 6 AMR 296 Brief Facts: The Appellant, Sri Keladi Sdn Bhd (in liquidation) (“Sri Keladi”) was the developer of the Bukit OUG Condominium which compromised residential and commercial parcelsRead more
“Should a motorist be held liable or partly liable for an accident only on account of he/she not having a valid motorcycle licence?” Case: AHMAD ZULFENDI ANUAR v. MOHD SHAHRIL ABDUL RAHMAN [2022] 1 LNS 1732 Brief Facts: An accident occurred on 15 December 2017 between Ahmad Zulfendi’s motorcycle and the car driven by MohdRead more
“Whether a child born overseas to a foreign Father and to a Malaysian Mother can acquire Malaysian citizenship automatically by operation of law under the Federal Constitution?” Case: MAHISHA SULAIHA ABDUL MAJEED v. KETUA PENGARAH PENDAFTARAN & ORS & ANOTHER APPEAL* [2022] 1 LNS 1754 – COURT OF APPEAL Brief Facts: There are two appealsRead more
“Whether a claim for a more expensive bionic prosthesis as opposed to a mechanical prosthesis, be allowed for an accident victim?” Case: CHUA KAY HOCK & ANOR v. LEE HOON POI [2022] 7 CLJ 669 Brief Facts: An accident had occurred on the 17 November 2015 around 7.50pm between the first appellant’s (“Chua Kay Hock”)Read more
“Whether landowners or occupants have any rights or interest over trees planted on land that do not belong to them?” Case: ABDUL LATIF BIN PUTEH & 347 ORS V PENTADBIR TANAH JAJAHAN PASIR MAS & ANOR [2022 5 AMR 413] Brief Facts: Abdul Latif and 347 other Appellants (“Occupants”) claimed to be participants in whatRead more
