“Can a homeowner/employer be deemed liable for the torts committed by his independent contractors?” Case: HEMRAJ & CO SDN BHD V TENAGA NASIONAL BHD [2022] 1 LNS 2918 Brief Facts: The Appellant (‘Hemraj & Co’), owned a bungalow and had hired third-party contractors to carry out excavation works to connect the septic tank of theRead more >

“Whether father is entitled to custody of a child despite allegations of immoral and unethical behaviour against the father” Case: BSO V JEH [2022] 7 AMR 446 Brief Facts: This is a matter before the High Court on the application by the Applicant (“Mother”) for sole guardianship and custody, as well as care and controlRead more >

“Whether order for reinstatement is appropriate for a high-ranking officer who was dismissed?” Case: NOVARTIS CORPORATION (MALAYSIA) SDN BHD v. MAHKAMAH PERUSAHAAN MALAYSIA & ORS [2022] 5 MLRA 584 Brief Facts: This is a Court of Appeal decision against the High Court’s findings which had previously affirmed Industrial Court’s award. The Appellant, Novartis Corporation (Malaysia)Read more >

“Whether a private security company can be held vicariously liable for the violent conduct of its employee involving firearms during the course of employment?” Case: GMP KAISAR SECURITY (M) SDN BHD v. MOHAMAD AMIRUL AMIN BIN MOHAMED AMIR [2022] 1 LNS 2455 Brief Facts: This is a Federal Court appeal against the Court of Appeal’sRead more >

“Whether or not press statements made by an employee in his capacity as a trade union officer or member, against his employer should warrant his dismissal?” Case: ISMAIL NASARUDDIN ABDUL WAHAB v MALAYSIAN AIRLINE SYSTEM BHD [2022] MLRAU 230 Brief Facts: The Respondent, Malaysian Airlines Berhad (“MAS”) was the national carrier of Malaysia.   TheRead more >

“When does a car park in a condominium deemed common property?” Case: SRI KELADI SDN BHD (in liquidation) v BUKIT OUG CONDOMINIUM JOINT MANAGEMENT BODY [2022] 6 AMR 296 Brief Facts: The Appellant, Sri Keladi Sdn Bhd (in liquidation) (“Sri Keladi”) was the developer of the Bukit OUG Condominium which compromised residential and commercial parcelsRead more >

“Should a motorist be held liable or partly liable for an accident only on account of he/she not having a valid motorcycle licence?” Case: AHMAD ZULFENDI ANUAR v. MOHD SHAHRIL ABDUL RAHMAN [2022] 1 LNS 1732 Brief Facts: An accident occurred on 15 December 2017 between Ahmad Zulfendi’s motorcycle and the car driven by MohdRead more >