“Shock & Awe” Strategy Rendering MSA Invalid | Employment Law By TAY & HELEN WONG – 7 August, 2025 Employers who are planning to enter into mutual separation agreement (MSA) or implement mutual scheme of separation (MSS) are advised to read the Court of Appeal’s decision in Fatimah Noordin v Carsem (M) Sdn […]
“Pre-Packaged Scheme of Arrangement under New S.369C” | Company Law By TAY & HELEN WONG – 21 July, 2025 In probably the first reported case on the newly enacted s.369C of the Companies Act 2016 (CA2016) of Malaysia on pre-packaged scheme of arrangement, the learned Judicial Commissioner (JC) in Re: Pestech International Berhad [2025] […]
“Proof of Documents Tampered With” | Evidence Law By TAY & HELEN WONG – 25 June, 2025 In a strongly worded decision, the Federal Court reversed the decision of the Court of Appeal in Live Capital Sdn Bhd v Pioneer Conglomerate Sdn Bhd [2025]. The facts are uncomplicated. P claimed against D for […]
“Legality of STR / Airbnb” | Property Law By TAY & HELEN WONG – 19 June, 2025 The legality of short term rentals (STR) (such as Airbnb, holiday let) was in issue in the Court of Appeal case of Wawasan Raya (M) Sdn Bhd and another v MARC Service Residence Management Corporation [2025]. P […]
“Bank Liable for Mistake in Remittance via TT” | Banking Law By TAY & HELEN WONG – 10 June, 2025 The incident in Anish Resources Sdn Bhd v Public Bank Bhd [2025] could have happened to any one of us, that your bank erroneously credited your remittance into a wrong bank account of […]
“Credit Lines as Composite Contract with Gambling – Not Recoverable” │ Contract Law By TAY & HELEN WONG – 28 March, 2025 The Federal Court (the FC) has struck down the claim for monies given in the form of credit lines and advance of rolling rebate as a loan to obtain casino chips […]
Altering Land Tenure on Conversion, Subdivision and Re-alienation │ Land Law By TAY & HELEN WONG – March 24, 2025 The principal issue which arose before the Court of Appeal (COA) in Pendaftar Hakmilik Negeri Perak v Wong Sew Ling & Ors [2025] was whether a State Authority, when approving a proposed conversion […]
Recantation of Evidence, Burden of Proof, Interested and Expert Witnesses │ Law of Evidence By TAY & HELEN WONG – March 13, 2025 The Federal Court in Teoh Kiang Hong v Theow Say Know @ Teoh Kiang Seng, Henry [2025] made several interesting and vital findings of law on evidence which we summarize […]
Executive Director MAY be an Employee falling within IRA 1967 │ Employment / Company Law By TAY & HELEN WONG – December 9, 2024 Can an executive director of a company be considered as being engaged as employee of the company and so qualify as a “workman” under the Industrial Relations Act 1967 […]
Liability of Insurer to claim of 3rd Party Passenger travelling in Insured’s Vehicle │ Insurance Law By TAY & HELEN WONG – November 25, 2024 The liability of insurance company (insurer) under a motor insurance policy towards a third party was the core issue before the Federal Court in Chen Boon Kwee v Berjaya […]