Is the concept of a secret trust in a will recognised and applicable in Malaysia? Case: CHIN JHIN THIEN & ANOR v. CHIN HUAT YEAN @ CHIN CHUN YEAN & ANOR [2020] 4 MLJ 581 Brief Facts: A man was diagnosed with terminal cancer and died in 2013 (“the Deceased”). He was an engineer byRead more >

Is there a contract between a bidder and the bank at an auction? Case: AMBANK (M) BERHAD v. AIM EDITION SDN BHD [2021] 1 LNS 2082 Brief Facts: The land, in this case, was charged as security for the loan facility to Ambank (“the Bank”).   When the borrower of the loan defaulted on theRead more >

Can a parent’s details be registered on an illegitimate child’s birth certificate? Case: LEOW FOOK KEONG (L) v. PENDAFTAR BESAR BAGI KELAHIRAN DAN KEMATIAN MALAYSIA, JABATAN PENDAFTARAN NEGARA, MALAYSIA & ANOR [2021] 1 LNS 1761 Brief Facts: Mr. Leow (“the Father”) successfully procured an order of Court declaring him as the biological father of aRead more >

Can one be charged stamp duty on an inheritance? Case: PEMUNGUT DUTI SETEM v. LEE KOY ENG (SEBAGAI PENTADBIR KEPADA HARTA PUSAKA TAN KOK LEE @ TAN CHIN CHAI, SI MATI) [2021] MLJU 2083 Brief Facts: Lee Koy Eng (“ Lee”) and her son, Tan Chun Keat (“Mr. Tan”) were appointed by the Shah AlamRead more >

Can an employer come up with a reason to dismiss an employee after the dismissal? Case: MARITIME INTELLIGENCE SDN. BHD. v. TAN AH GEK [2021] 1 LNS 1578 Brief Facts: Maritime Intelligence Sdn Bhd (“the Company”) owns an educational institution named the Netherlands Maritime Institute of Technology (“the Institute”).   Tan Ah Gek (“Jenny”) commencedRead more >

Can an adopted child be given Malaysian citizenship? Case: CHO CHIANG HUAT DAN SATU LAGI v PENDAFTAR BESAR KELAHIRAN DAN KEMATIAN, MALAYSIA [2021] MLJU 1811 Brief Facts: A couple (“the Parents”) of Malaysian citizen adopted a baby born and abandoned at Hospital Universiti Kebangsaan Malaysia, Cheras, Kuala Lumpur. The Parents then named the baby, ChoRead more >

Is demoting an employee to a position he/she had never held before in a company wrong in law? Case: NG TECK FAY v. MAHKAMAH PERUSAHAAN MALAYSIA & ANOR [2021] 5 MLJ 574 Brief Facts: Ng (“the Employee”) commenced his employment on 11 April 2008 as an assistant general manager with the company at a monthlyRead more >