Is it legal for an employer to terminate an employee based on a contractual right to terminate the employee contained in the employment contract? Case: OMAR OTHMAN v. KULIM ADVANCED TECHNOLOGIES SDN BHD [2019] 6 MLRA 756 Brief Facts: Omar Othman (“Employee”) was terminated by Kulim Advanced Technologies Sdn Bhd (“Employer”) based on a contractualRead more >

If a tenant holds over after the expiry of the tenancy, in what circumstance can a landlord charge double rent and is there a need for the landlord to prove wilful and contumacious conduct on the part of the tenant in holding over? Case: ROHASASSETS SDN BHD v. WEATHERFORD (M) SDN BHD [2019] 6 MLRARead more >

Can an extension of time for delivery of vacant possession of a property be granted by the Controller of Housing? Case: ANG MING LEE & ORS v. MENTERI KESEJAHTERAAN BANDAR, PERUMAHAN DAN KERAJAAN TEMPATAN & ANOR AND OTHER APPEALS [2019] 1 LNS 1741 Brief Facts: By a sale and purchase agreement dated 3 May 2012Read more >

Bankruptcy – Whether proper for third party to settle debts of a bankrupt without the knowledge of or reference to Director General of Insolvency and Offical Assginee Case: Ketua Pengarah Insolvensi v Goh Ah Kai & Anor, [2016] 1 MLRA 419, CA Brief Facts: The first respondent [R] was adjudged a bankrupt in January 2013.Read more >

Will – Whether executor can refuse to distribute estate to other beneficiaries in acocrdance to the terms of a will on the grounds that executor had incurred expenses in looking after the testator. Case: Simon Lim v Colonel Christiam Lim Xiao Ping & Anor [2016] 5 CLJ 280 CA Brief Facts: The ceceased passed awayRead more >

Lifting of Corporate Veil – Whether action can be taken against the directors of a company for a company debt. Case: Chin Chee Keong v Toling Corporation (M) Sdn Bhd [2016] 4 MLRA 180 CA Brief Facts: The respondent or plaintiff was a former partner in a legal firm known as Messrs Junaidah Mogana &Read more >

Hire Purchase – Whether Jeya has to continue his obligations to the financier under a hire purchase agreement despite not having quiet possession of the vehicle. Case: Hong Leong Bank Berhad v Jeyaprakash Pillay Jegaualthan [2016] 1 LNS 493 CA Brief Facts: Jeyaprakash Pillay a/l Jegaualthan (Jeya) decided to purchase a used vehicle from aRead more >