Star Asia Group entered into a SPA with Fung Keong Rubber whereby Fung Keong Rubber is to sell their plants and machinery to the Star Asia Group for a total sum of RM5,500,000.00. Before the SPA can be completed (and as per the terms of the SPA) Star Asia Group was given 14 days (upon…
Read more
In this article, we will take a quick look at the case of Naza Italia Sdn Bhd v Perfect Logistic Services and whether the claim of vicarious liability was successfully established in that case. Brief facts of the case Naza Italia, a company that has exclusive rights in selling Ferraris and its spare parts in…
Read more
Brief summary of the case Dato Cheah, owner, and director of ISM was the approach in 2006 to assist in the rehabilitation of an abandoned project located in KL called CN Gallery. As the land of the project was too small to be developed into a mixed-use commercial development of significant value, Dato Cheah conceived…
Read more
Brief facts of the case Chee Wai and the rest of the plaintiffs in this case (totaling 143 of them including Chee Wai) are a group of orang asli from the Semai tribe from Kampung Kuala Senta, Perak. The defendants, in this case, are the Land Office of Perak, Perak State Government, and Bionest Corporation…
Read more
When does the limitation period start to run for a meter tampering case? Is it when TNB discovers that a company/ individual has tampered with their electrical meter or when, for example, the company/ individual denies liability? This matter was discussed in multiple cases. We will briefly look at this issue, based on the recent…
Read more
Brief facts of the case The plaintiffs, in this case, were a group of orang asli (Eddy Salim being one of them) who were in a land dispute with Iskandar Regional Development. They alleged that Iskandar Regional Development trespassed onto their native customary land while doing reclamation work for development purposes (mix development project). However,…
Read more
Must a contract be hand signed? In reality, it is not entirely necessary- no law in Malaysia says a traditional signature is required for a valid contract- a thumbprint, or any other markings, can still be considered a valid signature, as long as it can establish the party’s intention to enter into a contract. Electronic…
Read more
What is a subpoena? What do you do when you receive one? Can you avoid/ ignore it? A brief introduction to subpoena A subpoena (known as subpoena duces tecum in Latin) is a court document: That compels the attendance of the individual or certain individual of a company in court to testify as a witness;…
Read more
Instant messaging platforms such as WhatsApp, Telegram, WeChat and etc are increasingly becoming mainstream communication tools for many small-medium enterprises (SMEs) in Malaysia. In fact, the Digital News Report 2017 has named Malaysia as the world’s largest WhatsApp user. The courts have acknowledged the escalating use of these instant messaging platforms by allowing instant messages…
Read more
Can Malaysian courts determine a dispute based on foreign law? This question was briefly dealt with in the high court case of Atico Overseas Ltd v Procast Furniture Industry Sdn Bhd. We will briefly look into the case (TLDR, yes. The long version can be found below). Brief facts of the case Atico Overseas entered…
Read more
Recent Comments