What proof must be produced that a party published defamatory statements before being found liable for defamation? Is a line of credit provided to enable someone to gamble a “gambling contract” Case: TING SIU HUA V. DATO’ TING CHING LEE & ANOTHER APPEAL [2024] 8 CLJ 853 Brief Facts: The Plaintiffs are businessmen in Sarawak,Read more >

“Can a defamation suit be brought against CTOS?” Case: CTOS DATA SYSTEMS SDN BHD V SURIATI MOHD YUSOF [2024] 6 MLRA 97 Brief Facts: The Plaintiff in this case Suriati Mohd Yusof (“Suriati”) brought a claim for negligence and defamation against CTOS Data System Sdn Bhd (“CTOS”), a private credit reporting agency. On 16 AprilRead more >

“Was the 54-month period of delivery in the Sale and Purchase Agreement valid?” Case: OBATA-AMBAK HOLDINGS SDN BHD V PREMA BONANZA SDN BHD & OTHER APPEALS [2024] 6 MLRA 1 Brief Facts: There were 5 appeals in this case which were heard together, all relating to the payment of Liquidated Ascertained Damages (“LAD”) for lateRead more >

Can DNA tests be used to determine the biological father of a child? If the DNA tests can be used, will it then challenge the legitimacy of a child born into a marriage? Case: MPPL & ANOR v CAS [2024] 5 MLRA 513 Brief Facts: CAS is a pilot. MPPL is an air stewardess whoRead more >

“What is the effect of a nomination done at KWSP?” Case: DIVYYA MANCHAP v LEMBAGA KUMPULAN WANG SIMPANAN PEKERJA [2024] 5 MLRH 406 Brief Facts: Divyaa Manchap (“Divyaa”) brought a claim against Lembaga Kumpulan Wang Simpanan Pekerja, (“KWSP”) with regards to the distribution of her late father, Manchap a/l Suppiah’s (“Manchap”) estate. Manchap (“Deceased”) hadRead more >

“What determines if an employee has been constructively dismissed?” Case: TAN LAY PENG V RHB BANK BERHAD & ANOR [2024] 5 MLRA 171 Brief Facts: On 13 June 2011, the Appellant, Mr Tan was employed by RHB Bank Berhad (“the Bank”) as its Operations Head, Thailand Operations in Bangkok. The terms of the employment wereRead more >

“Who is liable when an employee forges cheques and cheats its Employer? The Employer? The Bank who helped cash the cheques? Or Both?” Case: STARFISH HOLDINGS SDN BHD V HONG LEONG BANK BERHAD & ANOR [2024]4 MLRA 526 Brief Facts: The Appellant, Starfish Holdings Sdn Bhd (“Starfish”) is a private limited company and the customerRead more >