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MLJ Alerts

MLJ Alerts: May 2025 (Appellate Court)

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. Esa Jurutera Perunding Sdn Bhd v Universiti Malaya [2025] 2 MLJ 618 [CA] Coram LEE SWEE SENG, CHE MOHD RUZIMA AND AZHAHARI RAMLI JJCA Catchwords Arbitration — Stay of proceedings — Steps taken in proceedings Outcome Appeal allowed...


MLJ Alerts: May 2025 (High Court)

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. MFS Sdn Bhd v P Vivekananda a/l Paniarasalam [2025] 8 MLJ 712 [HC] Coram JAMHIRAH ALI JC Catchwords Moneylenders — Accounts — Statement of Outcome Appeal dismissed. Counsel Names Manmohan Singh a/l Manjit Singh (Manmohan...


MLJ Alerts: Apr 2025 (Appellate Court)

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...


MLJ Alerts: Apr 2025 (High Court)

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...


MLJ Alerts: Mar 2025 (Appellate Court)

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...


MLJ Alerts: Mar 2025 (High Court)

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...


MLJ Alerts: Feb 2025 (Appellate Court)

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...


MLJ Alerts: Feb 2025 (High Court)

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...


MLJ Alerts: Jan 2025 (Appellate Court)

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...


MLJ Alerts: Jan 2025 (High Court)

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...


MLJ Alerts: Dec 2024 (Appellate Court)

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]...


MLJ Alerts: Dec 2024 (High Court)

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...


MLJ Alerts: Nov 2024 (Appellate Court)

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...


MLJ Alerts: Nov 2024 (High Court)

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...


MLJ Alerts: Oct 2024 (Appellate Court)

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...


MLJ Alerts: Oct 2024 (High Court)

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 “At this juncture, it was imperative to underscore that permitting an individual to cite adultery as the catalyst for the dissolution of their marriage, following years of awareness without action, would not only defy principles of justice and...


MLJ Alerts: Sep 2024 (Appellate Court)

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 “… even if there exists a difference of views on any matters at the apex court, the view that is most recently expressed by it (apex court) would prevail.” ~ Abang Iskandar PCA Badan Peguam Malaysia v Yang Berhormat Perdana Menteri Malaysia...


MLJ Alerts: Sep 2024 (High Court)

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 “Grandparents undoubtedly hold a distinctive and valuable place within the family dynamics. Their wisdom, experience, and unconditional love often enrich the lives of their grandchildren in profound ways. However, it was crucial to acknowledge...


MLJ Alerts: Aug 2024 (Appellate Court)

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 law is settled that the burden that an applicant must discharge to obtain leave is low regardless of the fact whether the application is heard inter parte or ex parte. The leave application is essentially a filter to weed out frivolous or...


MLJ Alerts: Aug 2024 (High Court)

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 “ … this court, being a civil court, will not have jurisdiction and accordingly cannot exercise jurisdiction over this matter if this matter were one that involves the renunciation of the Muslim faith. Cases involving the renunciation of the Muslim...


MLJ Alerts: July 2024 (Appellate Court)

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 powers granted to the courts of law in the area of judicial review are necessary to place limits and curbs on the exercise of powers by those who are colloquially often referred to as ‘Little Napoleons’. These are people who perceive themselves...


MLJ Alerts: July 2024 (High Court)

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 plaintiff is under no duty in law to alert or give notice to the public that there were counterfeit products in the marketplace and of the differences between authentic and counterfeit products. The maxim caveat emptor requires purchasers...


MLJ Alerts: June 2024 (Appellate Court)

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 “ It is of interest to appreciate that both defamation and malicious falsehood claims are mentioned in the Defamation Act 1957, in particular in its long title which states to be an Act relating to the law of libel and slander and other malicious...


MLJ Alerts: June 2024 (High Court)

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 “ In a claim against a company for breach of contract, it is becoming increasing common for the plaintiff to also include as defendants, the directors of the company with the view to make the directors personally liable for the claim based on a...


MLJ Alerts: May 2024 (Appellate Court)

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 “Time and again it has been reiterated that the imposition of non-delegable duty of care are highly facts sensitive. Accusations outside of well-established principles to say that such non-delegable duty of care exists needs to be properly scrutinised...