Contract Law
PUBLIC UTILITIES – ELECTRICITY – DISCONNECTION OF ELECTRICITY SUPPLY
When can TNB disconnect your electricity supply?
11 April ,2022
Yew Huoi, How & Associates | Leading Malaysia Law Firm
News and Updates
Property Law
LAND LAW – WAYLEAVE – COMPENSATION
Can TNB enter my private property to build and maintain cabling? Can I say no? What’s the right to wayleave?
11 April ,2022
Tort
LAW OF TORT– TRESPASS – SQUATTERS – TNB – ELECTRICITY SUPPLY
Can landowner demand TNB to cut electricity to squatters or illegal occupiers?
4 June ,2021
Categories
Recent Legal Updates
WHEN CARGO GOES ASTRAY: THE RISKS OF DELIVERING WITHOUT A BILL OF LADING
7 October ,2024
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.
TORT — NEGLIGENCE — MEDICAL NEGLIGENCE — A MISSED LIFELINE: COURT HOLDS MEDICAL TEAM LIABLE FOR BRAIN DAMAGE IN HIGH-RISK PREGNANCY CASE
7 October ,2024
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.
NAVIGATING LIABILITY: THE UNSEAWORTHINESS OF THE FJORD WIND AND ITS LEGAL CONSEQUENCES
7 October ,2024
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.
STRATA MANAGEMENT – COMMON PROPERTY CONUNDRUM: CENTRALIZED AC COSTS AND THE STRATA MANAGEMENT DEBATE
7 October ,2024
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.
FAMILY LAW – EQUITABLE DIVISION OF MATRIMONIAL ASSETS: EVALUATING PROPERTY AND INCOME IN DIVORCE PROCEEDINGS
7 October ,2024
This update discusses the equitable division of matrimonial assets in divorce proceedings, focusing on the valuation of property and income. It highlights the court’s decision to fairly allocate assets between the parties, including property value and business income.
EN 
ZH 
MY