“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 […]
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 […]