“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 >

The principle of restrictive doctrine of sovereignty in an employment dispute. Case: The United States of America v Menteri Sumber Manusia & Ors [2022] MLJU 1258 – FEDERAL COURT [Civil Appeal No: 01(f)-18-10/2021(W)] Brief Facts: The United States of America (the ‘USA) is a sovereign state which has established a diplomatic mission, the Embassy ofRead more >

Can political parties sue individuals for defamatory statements? Case: Lim Lip Eng v Ong Ka Chuan (as a public officer of a society registered as Malaysian Chinese Association) [2022] MLJU 762 – FEDERAL COURT[CIVIL APPEAL NO. 02(i)-25-03 OF 2020(W)] Brief Facts: Lim Lip Eng (“Appellant”) was at the material time a Member of Parliament forRead more >

Does an employee demotion or re-grading amount to constructive dismissal? Case: Ng Teck Fay v. Mahkamah Perusahaan Malaysia & Anor. [2021] 10 CLJ 73, Court of Appeal Brief Facts: The appellant (“Employee”) started working for the Company in 2008 as an Assistant General Manager. In 2014, the Employee accidentally shared an internal email with anRead more >

Whether an illegitimate child born outside of Malaysia to a Malaysian biological father and Filipino mother is entitled to become a Malaysian citizen? Case: CTEB & ANOR v KETUA PENGARAH PENDAFTARAN NEGARA, MALAYSIA & ORS [2022] MLJ 236 – FEDERAL COURT [CIVIL APPEAL NO: 01(i)-34-10 OF 2019(W)] Brief Facts: CTEB was born in the PhilippinesRead more >

Does an attending physician have a duty to inform or warn a patient to give accurate answers to questions posed during history-taking exercise? Case: DR PREMITHA DAMODARAN v. GURISHA TARANJEET KAUR & ANOR AND ANOTHER APPEAL [2022] 3 CLJ 797 Brief Facts: The First Plaintiff in this case is Baby Gurisha Taranjeet Kaur (“Baby Gurisha”)Read more >