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 >

Whether a child who was abandoned at birth and later adopted was entitled to Malaysian citizenship by operation of law? Case: CCH & Anor v Pendaftar Besar Bagi Kelahiran Dan Kematian, Malaysia[CIVIL APPEAL NO. 01(f)-35-11-2020(W)] Brief Facts: In 2004, the Appellants adopted an abandoned infant (“Child”) who was born at Hospital UKM Cheras. At thatRead more >

Does the Minister have the power to grant an extension of time to a housing developer to deliver vacant possession? Case: BLUDREAM CITY DEVELOPMENT SDN BHD V KONG THYE & ORS [2022] CLJ JT (2) Brief Facts: Bludream City Development Sdn Bhd (Developer) was the housing developer of the service apartments in the Mines ResortRead more >

Can TNB exercise its statutory power to discontinue electricity supply in the absence of continuing offence under Section 37 of the Electricity Supply Act or when the said offence is no longer in existence? Case: TENAGA NASIONAL BERHAD v CHEW THAI KAY & ANOR [2022] 2 CLJ 333 Brief Facts: Tenaga Nasional Berhad (TNB) (“Appellant”)Read more >

Can a Company justify the dismissal of a workman by relying on a reason raised for the first time at the Industrial Court (i.e after the dismissal)? Case: MARITIME INTELLIGENCE SDN BHD v TAN AH GEK [2021] 4 ILR 417 Brief Facts: Ms Tan Ah Gek [the Claimant], was employed by the Company as theRead more >

Is the concept of a secret trust in a will recognised and applicable in Malaysia? Case: CHIN JHIN THIEN & ANOR v. CHIN HUAT YEAN @ CHIN CHUN YEAN & ANOR [2020] 4 MLJ 581 Brief Facts: A man was diagnosed with terminal cancer and died in 2013 (“the Deceased”). He was an engineer byRead more >

Is there a contract between a bidder and the bank at an auction? Case: AMBANK (M) BERHAD v. AIM EDITION SDN BHD [2021] 1 LNS 2082 Brief Facts: The land, in this case, was charged as security for the loan facility to Ambank (“the Bank”).   When the borrower of the loan defaulted on theRead more >