Employment – Whether proven misconduct by employee deserved punishment of dismissal. Case: Mashkon Hj Samuri v Orang Kampung Holdings (M) Sdn Bhd [2016] 3 CLJ 759 Brief Facts: The appellant (“Mashkon”) was formerly an employee of the respondent (“the Company”). Mashkon’s employment with the Company was terminate pursuant to an internal investigation which was conductedRead more >

Contract – Whether SPA only obliged developer to deliver vacant possession and not to give ‘right of occupation’ to buyer within 24 months. Case: BODCO Engineering and Construction Sdn Bhd v Christopher ak Matthew Mattius & Anor and other applications [2016] 7 MLJ 275 Brief Facts: The 1st respondent (“Christopher”) entered into a sale andRead more >

Property – Whether Management Corporation has the locus standi to institute an action in defamation under the Stata Titles Act 1985. Case: Amber Court Management Corp & 5 Ors v Hong Gan Gui & Anor (and another appeal) [2016] 1 AMR 635 Brief Facts: The appellants comprised of Amber Court Condominium’s management corporation (“the MC”)Read more >

Property – Whether a Joint Management Body (“JMB”) can be formed after and/or co-exist with an existing Management Corporation (“MC”). Case: Palm Spring Joint Management Body & Anor v Muafakat Kekal Sdn Bhd & Anor [Civil Appeal No. 02(F)-14-02/2015(W)] (FC) Brief Facts: The 1st respondent (“Muafakat Kekal”) was the developer of the residential condominium developmentRead more >

Contract – Whether the restraint of trade clause in partnersheep agreement contravened s.28 Contracts Act 1950 (“the CA 1950”). Case: Millennium Medicare Services v Nagadevan Mahalingam [2016] 2 CLJ 36 Brief Facts: The appellant (“MMS”) was running a business of healthcare centres (“the said business”) with the principal place of business at Bandar Baru PermasRead more >

Contract – Whether there was contract of sale & privity of contract between car purchaser and car seller. Case: Ong Siew Hwa v UMW Toyota Motor Sdn Bhd [2016] 1 MLJ 132 Brief Facts: The appellant (“Ong”) bought a car from the 1st respondent (“Toyota”) for RM151,706.45. Ong paid RM71,706.45 towards the purchase price andRead more >

Contract – Whether right for purchasers to resile from their promise not to sue and claim damages for late delivery. Case: Oxbridge Height Sdn Bhd v Abdul Razak Mohd Yusof & Anor [2015] 3 MLRA 59 Brief Facts: The appellant (“Oxbridge”) was a housing developer for a housing project (“the project”). The respondents (“the purchasers”)Read more >