If there was late delivery of a property to the buyer, should damages for late delivery be calculated from the date of the sale and purchase agreement or the date the booking fee was paid? Case: SRI DAMANSARA SDN BHD v. VOON KUAN CHIEN & ANOR [2020] 5 CLJ 619 Brief Facts: Sri Damansara SdnRead more >

Can the management corporation of a building enact house rules to prohibit short-term rentals? Case: INNAB SALIL & ORS v. VERVE SUITES MONT’ KIARA (CIVIL APPEAL NO: 02(i)-74-10/2019(W) Brief Facts: Innab Salil and others (“Said Proprietors”) have let out their apartment units (“Premises”) in Verve Suites (“Building”) for short-term rental.   The Management Corporation ofRead more >

Can statistical data not premised on words be found to be defamatory in nature? Case: SUN MEDIA CORPORATION SDN BHD v. THE NIELSEN COMPANY (MALAYSIA) SDN BHD [2020] 7 CLJ 751 Brief Facts: Sun Media Corporation Sdn Bhd (“Sun Media”) was the publisher of a newspaper called ‘the Sun’.   Nielsen Company (Malaysia) Sdn BhdRead more >

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 >