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Negligence

TORT — NEGLIGENCE — MEDICAL NEGLIGENCE — A MISSED LIFELINE: COURT HOLDS MEDICAL TEAM LIABLE FOR BRAIN DAMAGE IN HIGH-RISK PREGNANCY CASE

A recent High Court ruling involved a plaintiff who suffered severe brain damage after an emergency caesarean section at 33 weeks of pregnancy due to alleged medical negligence. The court examined whether the medical team breached their duty of care by failing to properly monitor the patient, resulting in oxygen deprivation and irreversible damage. The defendants, including doctors and nurses, were found liable for not acting on clear warning signs, leading to significant damages awarded to the plaintiff for her physical and mental disabilities.

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7 October ,2024
Tort

NAVIGATING LIABILITY: THE UNSEAWORTHINESS OF THE FJORD WIND AND ITS LEGAL CONSEQUENCES

The Court of Appeal ruled in The Fjord Wind case that the vessel was unseaworthy at the time of departure from Rosario on 30.06.1990, due to known issues with the crankpin bearings that had not been adequately addressed. This unseaworthiness led to a main engine failure shortly after departure, necessitating the transhipment of cargo and incurring additional costs.

The court found the shipowners liable for damages, emphasizing their failure to exercise due diligence in maintaining the vessel’s seaworthiness. The ruling underscores the critical importance of thorough inspections and repairs in maritime operations, highlighting the legal responsibilities of shipowners to prevent unseaworthiness and related liabilities.

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7 October ,2024
Property Law

STRATA MANAGEMENT – COMMON PROPERTY CONUNDRUM: CENTRALIZED AC COSTS AND THE STRATA MANAGEMENT DEBATE

In a recent legal dispute, the classification of centralized air conditioning facilities (CACF) as common property has come under scrutiny. The Plaintiff, a parcel owner in Tower A of Menara UOA Bangsar, challenged the Management Body’s use of maintenance funds for the upkeep of CACF, which primarily benefits parcels in Tower B. The court is likely to dismiss the Plaintiff’s claim, reinforcing the principle that as long as CACF serves two or more occupiers, it is deemed common property, thus falling under the Management Body’s purview without requiring reimbursement from individual parcel owners.

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7 October ,2024
Property Law

RESHAPING HOUSING LAW: THE IMPACT OF ANG MING LEE ON DEVELOPERS AND BUYERS

The landmark Ang Ming Lee decision by the Federal Court invalidated the Minister’s power to grant extensions of time for housing projects, forcing developers to face Liquidated Ascertained Damages (LAD) claims for delays. Subsequent rulings clarified that this decision applies prospectively, ensuring stability in the housing market while reinforcing the need for strict compliance with statutory contracts. This case has significantly reshaped the legal landscape, emphasizing greater accountability for developers and enhanced protections for property buyers.

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7 October ,2024
Negligence

NEGLIGENCE – HOTEL LIABILITY: UNVEILING THE LEGAL RISKS IN NEGLIGENCE AND VICARIOUS LIABILITY CASES

In the hospitality industry, the duty of care owed by hotels to their guests is paramount. This legal update explores a scenario where a hotel’s failure to safeguard access to guest rooms leads to tragic consequences. It examines the potential negligence claim against a hotel employee and the broader implications of vicarious liability for the hotel and its owners. Drawing on relevant case law, we delve into the essential elements of negligence and the circumstances under which a hotel can be held responsible for the actions of its staff.

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9 September ,2024
Family Law

FAMILY LAW – DIVISION OF MATRIMONIAL ASSETS

Many people have this false conception that all assets of the husband including EPF, shares and monies will be divided equally when there is a divorce.
What is the law that governs division of matrimonial assets in Malaysia?

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9 September ,2024
Property Law

PROPERTY LAW – LEGAL IMPLICATIONS OF SALE AND PURCHASE AGREEMENT BREACHES AND THE RIGHT TO OFFSET IN MALAYSIAN PROPERTY TRANSACTIONS

In the realm of Malaysian property transactions, the intricacies of Sale and Purchase Agreements (SPAs) and the enforcement of Liquidated Ascertained Damages (LAD) play pivotal roles in safeguarding the interests of both developers and purchasers. This article delves into the legal framework governing the rights and obligations of parties involved in property transactions, particularly focusing on the consequences of contractual breaches and the conditions under which a purchaser can exercise the right to offset against LAD. Through the examination of relevant case law and statutory provisions, we illuminate the legal pathways available for resolving disputes arising from the failure to adhere to the terms of SPAs, thereby offering insights into the equitable administration of justice in the context of Malaysian property law.

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9 September ,2024
Company Law

WINDING-UP – OFFICIAL RECEIVER AND LIQUIDATOR (“ORL”)

In cases of compulsory winding up, the court would appoint a liquidator under s.478 of the Companies Act 2016 (“CA 2016”) to expeditiously recover and realise the assets of the wound-up company for the distribution of dividends to creditors and administer any outstanding matters involving………..

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9 September ,2024

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Recent Legal Updates

NAVIGATION AND SHIPPING LAW – COLLISION REGULATIONS – COLLISION AT SEA – A WAKE-UP CALL FOR ADHERING TO NAVIGATION RULES

12 January ,2025

The collision between the FMG Sydney and MSC Apollo highlights the critical importance of adhering to established navigation rules. Deviations, delayed actions, and reliance on radio communications instead of clear, early maneuvers can lead to disastrous outcomes. This case serves as a stark reminder for mariners: follow the rules, act decisively, and prioritize safety above assumptions.

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SHIPPING AND ADMIRALTY IN REM – A SINKING ASSET – COURT ORDERS SALE OF ARRESTED VESSEL TO PRESERVE CLAIM SECURITY

12 January ,2025

In a landmark admiralty decision, the High Court ordered the pendente lite sale of the arrested vessel Shi Pu 1, emphasizing the principle of preserving claim security over the defendant’s financial incapacity. The court ruled that the vessel, deemed a “wasting asset,” could not remain under arrest indefinitely without proper maintenance or security. This case reinforces the necessity for shipowners to manage arrested assets proactively to prevent significant financial and legal repercussions.

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EMPLOYMENT LAW – IS DIRECTOR A DIRECTOR OR EMPLOYEE? UNPACKING DUAL ROLES IN EMPLOYMENT LAW

12 January ,2025

The Court of Appeal clarified the dual roles of directors as both shareholders and employees, affirming that executive directors can qualify as “workmen” under the Industrial Relations Act 1967. The decision emphasizes that removal as a director does not equate to lawful dismissal as an employee unless due process is followed. This case highlights the importance of distinguishing shareholder rights from employment protections, ensuring companies navigate such disputes with clarity and fairness.

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COMMERCIAL CONTRACT – FORCE MAJEURE OR JUST EXCUSES? LESSONS FROM LITASCO V DER MOND OIL [2024] 2 LLOYD’S REP 593

1 January ,2025

The recent decision in Litasco SA v Der Mond Oil and Gas Africa SA [2024] 2 Lloyd’s Rep 593 highlights the strict thresholds required to invoke defences such as force majeure and trade sanctions in commercial disputes. The English Commercial Court dismissed claims of misrepresentation and found that banking restrictions and sanctions did not excuse payment obligations under the crude oil contract. This judgment reinforces the importance of precise contractual drafting and credible evidence in defending against payment claims, serving as a cautionary tale for businesses navigating international trade and legal obligations.

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SHIPPING – LETTER OF CREDIT – LESSONS FROM UNICREDIT’S FRAUD CLAIM AGAINST GLENCORE

1 January ,2025

The Singapore Court of Appeal’s decision in Unicredit Bank AG v Glencore Singapore Pte Ltd [2024] 2 Lloyd’s Rep 624 reaffirms the principle of autonomy in letters of credit and highlights the high evidentiary threshold for invoking the fraud exception. Unicredit’s claim of deceit was dismissed as the court found no evidence of false representations by Glencore, emphasizing that banks deal with documents, not underlying transactions. This case serves as a critical reminder for international trade practitioners to prioritize clear documentation and robust due diligence to mitigate risks in financial transactions.

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LAND LAW – PROPERTY SOLD TWICE: OWNERSHIP NOT TRANSFERRED IN FIRST SALE

1 January ,2025

This legal update examines the Court of Appeal’s decision in Malayan Banking Bhd v Mohd Affandi bin Ahmad & Anor [2024] 1 MLJ 1, which reaffirmed the binding nature of valid Sale and Purchase Agreements (SPAs) and the establishment of constructive trust. The court dismissed claims of deferred indefeasibility by subsequent purchasers and a chargee bank, emphasizing the critical importance of due diligence in property transactions. The decision serves as a cautionary tale for financial institutions and vendors, reinforcing the need for meticulous compliance with legal and equitable obligations.

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