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 […]
Apex Court Set Aside Commercially Unrealistic Burden on Banks By TAY & HELEN WONG – November 11, 2024 The extent of duty on a financial institution, as a subsequent purchaser under the proviso in s.340(3) of the National Land Code 1965 (NLC), to go behind the land register to investigate the validity of […]
Defeasibility of Title in Subsequent Purchaser Seemingly in Good Faith with Valuable Consideration By TAY & HELEN WONG – September 26, 2024 In a split decision of 3 over 2, the Federal Court in Setiakon Engineering Sdn Bhd v Mak Yan Tai & Anor ([2024] 8 CLJ 190), ruled for the original landowner […]
Legal Test to Decide on a s.346 Oppression Action or a s.347 Derivative Action │ Company Law By TAY & HELEN WONG – September 4, 2024 Our Federal Court set the legal test to determine whether a shareholder’s complaint is actionable by way of an oppression action (under s.346 of the Companies Act […]
Improper Retrenchment based on High Salary │ Employment By TAY & HELEN WONG – August 26, 2024 A retrenchment exercise based solely on high salary was struck down by the Industrial Court (the IC) in Tam Sheh May v Taylor’s University Sdn Bhd [2024] 3 ILR 71 as discriminatory or biased against […]
NO Duty of Care owed by CTOS │ Tort COA Overturned High Court Decision By TAY & HELEN WONG – August 20, 2024 In our Blog No. 5 # 2024, we featured a groundbreaking decision of the High Court in Suriati Mohd Yusof v CTOS Data Systems Sdn Bhd [2024] 3 MLRH 688 […]
Bank Not Liable for Forged Cheques; Customer’s Own Negligence │ Bank / Contract By TAY & HELEN WONG – July 3, 2024 Claim by customer against its bank for allowing forged cheques to be paid out was not allowed in the Court of Appeal case of Starfish Holdings Sdn Bhd v Hong Leong Bank […]