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 >

Defamation – Whether the photograph mistakenly published in a newspaper article was defamatory. Case: Penerbit Sahabat (M) Sdn Bhd & Anor v Kalairasi Arumugam [2016] 1 CLJ 30 Brief Facts: The respondent (“Kalairasi”) sued the appellants (“PSSB”) for defamation due to a misprint on an article in a newspaper known as Malaysia Namban (Sunday edition)Read more >