“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 >

“Whether a claim for damages, for the purpose provided in Clause 12 of the statutory sale and purchase contract with a Developer [under Schedule H of the Housing Development (Control and Licensing) Regulations 1989] requires proof of actual loss to be shown before damages could be awarded?” Case: CHONG NGE WEI & ORS v KEMAJUANRead more >

Can an employer be deemed liable for the torts committed by his independent contractors? Case: Hemraj & Co Sdn Bhd & Anor v Tenaga Nasional Bhd & Ors [2022] 7 CLJ 169 Brief Facts: The 1st Appellant (‘Hemraj & Co’), owned a bungalow and had appointed the 2nd Respondent contractor (‘R2’) to connect the bungalow’sRead more >