The Malayan Law Journal Alerts is a complimentary blog series that brings the most recently published case reports powered by Lexis+ ® Malaysia . Week 1 Updates 1. Kong Kin Lay & Ors v Kong Kin Siong & Ors [2025] 5 MLJ 891 [CA] Coram SUPANG LIAN, AZIMAH OMAR AND WONG KIAN KHEONG JJCA Catchwords Evidence — Adverse inference — Failure to adduce certain evidence Outcome Appeal allowed; High...
The Malayan Law Journal Alerts is a complimentary blog series that brings the most recently published case reports powered by Lexis+ ® Malaysia . Week 1 Updates 1. Re Far Origin Sdn Bhd (in liquidation) [2025] 11 MLJ 509 [HC] Coram MOSES SUSAYAN JC Catchwords Companies and Corporations — Liquidators — Action against liquidator Outcome Application dismissed. Counsel Names Domnic...
The Malayan Law Journal Alerts is a complimentary blog series that brings the most recently published case reports powered by Lexis+ ® Malaysia . Quote of the Month "[106] This case is a timely reminder that problems do not disappear into thin air and that some problems are like the proverbial tin can that is being kicked down the road. There is a costs to be paid for indecisiveness and sometimes future generations...
The Malayan Law Journal Alerts is a complimentary blog series that brings the most recently published case reports powered by Lexis+ ® Malaysia . Week 1 Updates 1. Tanjung Rhu Land Sdn Bhd & Anor v Kauthar Venture Capital Sdn Bhd & Anor [2025] 11 MLJ 262 [HC] Coram GAN TECHIONG JC Catchwords Land Law — Caveat — Removal of Outcome First defendant’s application dismissed and plaintiffs’ application...
The Malayan Law Journal Alerts is a complimentary blog series that brings the most recently published case reports powered by Lexis+ ® Malaysia . Quote of the Month “[59] We always remind ourselves, lest we forget, that the fundamental principle of statutory interpretation tells us that where the language of a statutory provision is clear and unambiguous, the courts, we included, must apply its plain and ordinary...
The Malayan Law Journal Alerts is a complimentary blog series that brings the most recently published case reports powered by Lexis+ ® Malaysia . Quote of the Month “[59] We always remind ourselves, lest we forget, that the fundamental principle of statutory interpretation tells us that where the language of a statutory provision is clear and unambiguous, the courts, we included, must apply its plain and ordinary...
The Malayan Law Journal Alerts is a complimentary blog series that brings the most recently published case reports powered by Lexis+ ® Malaysia . Quote of the Month “[1] Benarlah pepatah Melayu, “ikut rasa binasa, ikut hati mati” yang membawa maksud setiap perkara perlu dilakukan secara berhati-hati dan pertimbangan akal waras bagi mengelakkan sebarang kesan mudarat pada diri sendiri atau pun pada orang lain...
The Malayan Law Journal Alerts is a complimentary blog series that brings the most recently published case reports powered by Lexis+ ® Malaysia . Quote of the Month “[1] Benarlah pepatah Melayu, “ikut rasa binasa, ikut hati mati” yang membawa maksud setiap perkara perlu dilakukan secara berhati-hati dan pertimbangan akal waras bagi mengelakkan sebarang kesan mudarat pada diri sendiri atau pun pada orang lain...
The Malayan Law Journal Alerts is a complimentary blog series that brings the most recently published case reports powered by Lexis+ ® Malaysia . Quote of the Month [36] In judicial review applications, as opposed to other interlocutory applications, the distinguishing factor is that the affidavit verifying facts is the same affidavit used for the substantive application. Thus, according to Tuan Hj Sarip Hamid...
The Malayan Law Journal Alerts is a complimentary blog series that brings the most recently published case reports powered by Lexis+ ® Malaysia . Quote of the Month [36] In judicial review applications, as opposed to other interlocutory applications, the distinguishing factor is that the affidavit verifying facts is the same affidavit used for the substantive application. Thus, according to Tuan Hj Sarip Hamid...
The Malayan Law Journal Alerts is a complimentary blog series that brings the most recently published case reports powered by Lexis+ ® Malaysia . Quote of the Month “[125] Good faith is a general principle of international law. Its modern formulation derives from the Roman concept of bona fides, which refers to trustworthiness, conscientiousness and honourable conduct. In fact, good faith has been regarded...
The Malayan Law Journal Alerts is a complimentary blog series that brings the most recently published case reports powered by Lexis+ ® Malaysia . Quote of the Month “[125] Good faith is a general principle of international law. Its modern formulation derives from the Roman concept of bona fides, which refers to trustworthiness, conscientiousness and honourable conduct. In fact, good faith has been regarded...
The Malayan Law Journal Alerts is a complimentary blog series that brings the most recently published case reports powered by Lexis+ ® Malaysia . Quote of the Month ‘ [136] The doctrine of promissory estoppel is an extension of the common law estoppel by representation. It is an English doctrine of equity and in certain circumstances provides an exception to the principle of consideration which must exist...
The Malayan Law Journal Alerts is a complimentary blog series that brings the most recently published case reports powered by Lexis+ ® Malaysia . Quote of the Month ‘ [136] The doctrine of promissory estoppel is an extension of the common law estoppel by representation. It is an English doctrine of equity and in certain circumstances provides an exception to the principle of consideration which must exist...
The Malayan Law Journal Alerts is a complimentary blog series that brings the most recently published case reports powered by Lexis+ ® Malaysia . Quote of the Month ‘[36]…One would have to look at the proximate cause of the transfer and discern if it is proper or perverse in the context and circumstances of the case and the conduct of the parties. [37] Whilst our hair may all be black, our heart’s intention...
The Malayan Law Journal Alerts is a complimentary blog series that brings the most recently published case reports powered by Lexis+ ® Malaysia . Week 1 Updates 1. Tg Intan Baidurah bt Tengku Abdullah v Raja Hamid bin Raja Kassim & Anor [2025] 7 MLJ 656 [HC] Coram ALICE LOKE J Catchwords Civil Procedure — Judgments and orders — Impeachment Outcome Plaintiff’s claim and defendant’s counterclaim...
The Malayan Law Journal Alerts is a complimentary blog series that brings the most recently published case reports powered by Lexis+ ® Malaysia . Quote of the Month “ [72] As such, although recantation or retraction of evidence may not be entirely the same as mere inconsistencies or discrepancies or contradictories in one’s evidence, they all share one commonality, namely, changes made to prior evidence. Hence...
The Malayan Law Journal Alerts is a complimentary blog series that brings the most recently published case reports powered by Lexis+ ® Malaysia . Week 1 Updates 1. Josephine Premila Sivaretnam v Ketua Pesuruhjaya Suruhanjaya Pencegahan Rasuah Malaysia & Anor [2025] 7 MLJ 223 [HC] Coram ANAND PONNUDURAI J Catchwords Administrative Law — Judicial review — Application for leave Outcome Application...
The Malayan Law Journal Alerts is a complimentary blog series that brings the most recently published case reports powered by Lexis+ ® Malaysia . Quote of the Month "[71] The appellant was travelling pursuant to his contract of employment with the aquaculture company at the time of the accident. Evidence relating to his employment and the directive from his employer to travel to Desaru was established. He...
The Malayan Law Journal Alerts is a complimentary blog series that brings the most recently published case reports powered by Lexis+ ® Malaysia . Quote of the Month “[46] To reach a well-informed decision, this court had to meticulously examine the notion of the ‘welfare of the child’ in its most expansive context, considering all pertinent factors and judiciously balance them. Given the distinctive circumstances...
The Malayan Law Journal Alerts is a complimentary blog series that brings the most recently published case reports powered by Lexis+ ® Malaysia . Quote of the Month “What, then, is unconscionable? As a guide to the added exception of unconscionability, the Federal Court affirmed and applied the test applied in Focal Asia Sdn Bhd & Anor v Raja Noraini bt Raja Datuk Nong Chik & Anor [2009] MLJU 1688; [2009]...
The Malayan Law Journal Alerts is a complimentary blog series that brings the most recently published case reports powered by Lexis+ ® Malaysia . Quote of the Month “[63] In this case, it is irrefutable that members of the investment committee are also members of the Board of Directors. These are the individuals who would consider any proposal that would have been put up before the investment committee. Failure...
The Malayan Law Journal Alerts is a complimentary blog series that brings the most recently published case reports powered by Lexis+ ® Malaysia . Quote of the Month “The COVID-19 Act does not expressly provide for such a right to be heard. This does not mean that the court is powerless. It is trite and established law that there is no necessity for a statute to expressly provide for such a right to be heard...
The Malayan Law Journal Alerts is a complimentary blog series that brings the most recently published case reports powered by Lexis+ ® Malaysia . Quote of the Month “The common feature of organisation and society is that they are organised group of people with common aim and interest or for a particular purpose. The group consists of more than seven people. What makes society and organisation similar in nature...
The Malayan Law Journal Alerts is a complimentary blog series that brings the most recently published case reports powered by Lexis+ ® Malaysia . Quote of the Month “Where there is no prohibition in commencing a civil action without the consent of the AG (Attorney-General), one cannot imply or impute the need for a prior consent with the effect that the whole proceeding becomes null and void. This is more...