Category: Public Interest Disputes

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Conducting Trials Online During Covid-19. Yay or Nay?

Covid-19 has, at some point in time, but the world to a standstill. With no end in sight (yet), business and government bodies have little to no choice but to put on their creative hats and find alternate ways to continue to operate. The legal system in Malaysia is no exception– trials are finally being…
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July 1, 2020 0

A Separate Proceedings for Contempt of Court?

Are contempt proceedings separate and distinct proceedings from the main proceedings? For example, does it mean that if a person is charged in a criminal court (in the main proceedings), any conduct which gives rise to a contempt of court automatically becomes a criminal contempt? This issue was briefly dealt with in the Court of…
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June 29, 2020 0

The Academic Question Conundrum

What is an academic question? An academic question, or a hypothetical question, as propounded by the Federal Court in Metramac Corp Sdn Bhd (formerly known as Syarikat Teratai KG Sdn Bhd) v Fawziah Holdings Sdn Bhd, is a question of law which does not affect the outcome of a dispute between the parties in court/…
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June 17, 2020 0

The Appellate Conundrum – Is Every Decision Appealable?

A claim in court generally involves two parties from opposite ends attempting to stake a claim in the dispute between them. To this end, we all know that there will always be a party that drew the shorter end of the stick i.e. they did not succeed in their claim. This is where the appeal…
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May 1, 2020 0

Can You Sue Your Condo’s Management?

What happens when a condominium “condo” you live in is in a state of disrepair? What can you do? Who can you sue? Today, we will briefly discuss just this issue.  Who manages a condo? So who manages the condo? You as the owner of a unit in the condo? A corporate entity? Your neighbor’s…
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March 23, 2020 1

Criminal 101 – The Right to Remain Silent

When you are arrested by a police officer, you are normally accorded a myriad of legal rights in this country. Amongst them is the right to remain silent. However, and as we will find out soon enough, this right can potentially be a double-edged sword.  What is it about? The right to remain silent is…
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March 16, 2020 0

Can a Bankrupt Transfer Properties?

Can an individual who is declared bankrupt transfer a movable property (for example, shares) to another person? This issue is dealt with in Yui Chin Song & Ors v Lee Ming Chai & Ors. While the case dealt with other matters of law, we will be solely focusing on the above issue in this article.  …
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February 25, 2020 0

Retrospective Law – Does it Alter Your Legal Rights?

What happens if a new law comes into force? Will it supplement/ replace its predecessors? Will it replaces the rights that you have acquired by virtue of conforming to the existing law? Which law must you adhere to? Will you be breaching the new law if you are to adhere to the old law? This…
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December 31, 2019 0

Death Inquiry

What is a death inquiry? A death inquiry is a legal process carried out by a Magistrate when a person is suspected to have died suddenly/ unnaturally/ by violence/ by an unknown means to ascertain: The identity of the deceased; When, where and how did the deceased passed away; Who caused the death of the…
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December 26, 2019 0

Class Action

What is a class action? A class action or representative action is a term used when a number of individuals who have the same interest or endgame wish to institute an action/ defend an action against another party. It can be done via one member representing everyone else or all members except one or more…
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December 7, 2019 0