Can service charge received by employees as incentives be incorporated into the calculation of their basic salary to meet the requirement of minimum wage? Case: CRYSTAL CROWN HOTEL & RESORT SDN BHD (CRYSTAL CROWN HOTEL PETALING JAYA) v. KESATUAN KEBANGSAAN PEKERJA-PEKERJA HOTEL, BAR & RESORT SEMENANJUNG MALAYSIA [2020] 7 CLJ 709 Brief Facts: Crystal CrownRead more >

Whether an article containing allegations of corrupt practices and giving of bribes was defamatory to the owner of an education institution? Case: EAGLE ONE INVESTMENT LTD & ORS V. ASIA PACIFIC HIGHER LEARNING SDN BHD [2020] 2 MLRA 659 Brief Facts: Asia Pacific Higher Learning Sdn Bhd (“APHL”) is a private limited company incorporated underRead more >

When is the point of time when a debtor is considered to be unable to pay his debts? Case: AFFIN BANK BERHAD V. ABU BAKAR ISMAIL [2020] 2 MLRA 99 Brief Facts: Affin Bank Berhad (“Bank”) had obtained a judgment against Abu Bakar Ismail (“Debtor”) on 8 July 2004.   Thereafter, the Bank commenced bankruptcyRead more >

Can individual parcel owners enforce rights relating to common property on their own behalf? Case: SYARIKAT EAST COAST & ORS v. MAKNA MUJUR SDN BHD & ORS [2020] 2 MLRA 440 Brief Facts: Syarikat East Coast and others were the purchasers of shophouse units in the shopping centre known as KL Plaza, located at BukitRead more >

Can the giving of legal advice by an adjudged bankrupt, whose practising certificate has been suspended, amount to practising law in contravention of the Legal Profession Act 1976? Case: DARSHAN SINGH KHAIRA v. ZULKEFLI HASHIM [2020] 1 LNS 260 Brief Facts: Zulkefli Bin Hashim (“Zulkefli”) was convicted in a traffic case by the Magistrates’ court.Read more >

Can a foreign national have a permanent contract of employment? Case: AHMAD ZAHRI MIRZA ABDUL HAMID v. AIMS CYBERJAYA SDN BHD [2020] 1 LNS 494 Brief Facts: Ahmad, an expatriate, received a letter of appointment for the position of consultant from AIMS. The contract for consultancy services was for a fixed term from 1 OctoberRead more >

Can accused persons who are convicted of disobeying the Movement Control Order appeal for alternative punishment instead of imprisonment in the interest of justice? Case: CHIN CHEE WEI & ANOR V PP [2020] 1 LNS 319 Brief Facts: Chin Chee Wei and Chong Poh Wah (collectively, the “Accused”) were arrested and jointly charged for anRead more >