“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 […]
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 […]