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 […]
Discoverability of Actual Loss and Not Contingent Loss as the Start of Limitation Period for Negligence │ Tort/Limitation By TAY & HELEN WONG – June 4, 2024 A claim in civil matter is subject to limitation bar, which means a claim must be filed in court within the period prescribed under the statute […]
“Dynamic” Listing on LEAP Market It is our privilege to be able to witness yet another successful listing at the Exchange Square, Bursa Malaysia Berhad. Total Dynamic Holdings Berhad made its debut on Bursa Malaysia’s Leading Entrepreneur Accelerator Platform (LEAP) market today on 27 May 2024 and became the first company to be listed on […]
Marital Agreement Enabling Husband to have a Mistress │ Family / Contract By TAY & HELEN WONG – May 13, 2024 In a ground-breaking decision, the High Court in HLC v PTL (Kuala Lumpur High Court, Divorce Petition No.: WA-33-30-01/2021) upheld a marital agreement in which the wife consented to the husband […]
Hotel Liable for Drowning Death in Pool │ Tort / Negligence / Occupier’s Liability By TAY & HELEN WONG – May 6, 2024 A citizen of the People’s Republic of China (PRC) (the Deceased) drowned whilst swimming in the pool (Pool) at Sunway Putra Hotel in Kuala Lumpur (the Hotel) which was open […]