“Whether a child born overseas to a foreign Father and to a Malaysian Mother can acquire Malaysian citizenship automatically by operation of law under the Federal Constitution?” Case: MAHISHA SULAIHA ABDUL MAJEED v. KETUA PENGARAH PENDAFTARAN & ORS & ANOTHER APPEAL* [2022] 1 LNS 1754 – COURT OF APPEAL Brief Facts: There are two appealsRead more >
“Whether a claim for a more expensive bionic prosthesis as opposed to a mechanical prosthesis, be allowed for an accident victim?” Case: CHUA KAY HOCK & ANOR v. LEE HOON POI [2022] 7 CLJ 669 Brief Facts: An accident had occurred on the 17 November 2015 around 7.50pm between the first appellant’s (“Chua Kay Hock”)Read more >
“Whether landowners or occupants have any rights or interest over trees planted on land that do not belong to them?” Case: ABDUL LATIF BIN PUTEH & 347 ORS V PENTADBIR TANAH JAJAHAN PASIR MAS & ANOR [2022 5 AMR 413] Brief Facts: Abdul Latif and 347 other Appellants (“Occupants”) claimed to be participants in whatRead more >
“Whether a claim for damages, for the purpose provided in Clause 12 of the statutory sale and purchase contract with a Developer [under Schedule H of the Housing Development (Control and Licensing) Regulations 1989] requires proof of actual loss to be shown before damages could be awarded?” Case: CHONG NGE WEI & ORS v KEMAJUANRead more >
Can an employer be deemed liable for the torts committed by his independent contractors? Case: Hemraj & Co Sdn Bhd & Anor v Tenaga Nasional Bhd & Ors [2022] 7 CLJ 169 Brief Facts: The 1st Appellant (‘Hemraj & Co’), owned a bungalow and had appointed the 2nd Respondent contractor (‘R2’) to connect the bungalow’sRead more >
The principle of restrictive doctrine of sovereignty in an employment dispute. Case: The United States of America v Menteri Sumber Manusia & Ors [2022] MLJU 1258 – FEDERAL COURT [Civil Appeal No: 01(f)-18-10/2021(W)] Brief Facts: The United States of America (the ‘USA) is a sovereign state which has established a diplomatic mission, the Embassy ofRead more >
Can political parties sue individuals for defamatory statements? Case: Lim Lip Eng v Ong Ka Chuan (as a public officer of a society registered as Malaysian Chinese Association) [2022] MLJU 762 – FEDERAL COURT[CIVIL APPEAL NO. 02(i)-25-03 OF 2020(W)] Brief Facts: Lim Lip Eng (“Appellant”) was at the material time a Member of Parliament forRead more >