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LAND LAW – FORGED AND FRAUDULENT – COURT STRIPS INDEFEASIBLE SHIELD FROM FRAUDULENT LAND TRANSFERS

In the landmark decision of Baskaran a/l Govindasamy & Ors v Chiew Yit Kin [2025] 3 MLJ 372, the Court of Appeal held that indefeasible title protection under the National Land Code cannot extend to land transfers tainted by fraud or forgery. Emphasizing rigorous judicial scrutiny, the Court decisively invalidated a fraudulent property transfer, reinforcing that landowners’ rights remain safeguarded against deceitful transactions, and serving as a critical reminder for parties to diligently verify the authenticity of transfer documents to prevent fraudulent claims.

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劳动法(雇主与员工)

LABOUR LAW – CONSTRUCTIVE CLARITY: COURT REINFORCES BOUNDARIES ON EMPLOYER CONDUCT AND EMPLOYEE RIGHTS

In the significant decision of Sudhir a/l AK Kumaren v Industrial Court of Malaysia & Anor [2025] 3 MLJ 698, the Court of Appeal clarified the scope of constructive dismissal, emphasizing employers’ obligations toward transparency and good faith in managing employment relationships. The Court decisively ruled that actions such as compulsory leave, removal of duties without clear justification, and creating ambiguity about an employee’s role amount to a fundamental breach of the employment contract. This judgment highlight the critical importance of mutual trust and communication in employment contracts, reinforcing protection against employer misconduct.

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土地法

PROPERTY LAW – CHARGED BUT NOT IN CHARGE: COURT PROTECTS HOMEBUYERS OVER LENDERS IN LANDMARK RULING

In Champion Score Sdn Bhd v Mohd Sobri Chew bin Abdullah [2025] 3 MLJ 732, the Court of Appeal robustly affirmed that developers, having received full payment, become bare trustees without power to encumber properties. The Court decisively canceled an improperly created charge, emphasizing that financial institutions must diligently scrutinize developers’ authority under powers of attorney. This landmark decision highlight judicial commitment to protecting homebuyers, reinforcing statutory and public policy safeguards against developer misconduct.

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行政法規

PERSONAL DATA PROTECTION ACT – TOO LATE, TOO LIGHT: GENTING’S DATA PRIVACY CHALLENGE FAILS ON TIMING

In Ketua Pengarah Hasil Dalam Negeri v Genting Malaysia Bhd [2025] 2 MLJ 822, the Court of Appeal overturned a High Court ruling that had favoured Genting’s resistance to a personal data disclosure request. The appeal succeeded not on substantive privacy grounds, but because Genting’s judicial review was filed out of time and targeted what the court deemed a non-reviewable act. While the conflict between tax enforcement and personal data protection remains unresolved, the decision underscores a simple procedural truth: even strong claims can collapse if they miss the clock.

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家庭法律

FAMILY LAW – COSTLY AFFAIRS: A LANDMARK DECISION ON ADULTERY, SPOUSAL MAINTENANCE, AND ASSET DIVISION IN MALAYSIA

In Hai v Pai & Anor [2025] 8 MLJ 211, the Court decisively addressed the delicate intersection of marital betrayal and financial fairness. Affirming the award of damages against a third-party “homewrecker,” the decision underscores the judiciary’s firm stance on compensating emotional and financial harm arising from adultery. Furthermore, the ruling clarifies the importance of precise documentation and the consequences of commingling inherited wealth, reinforcing that matrimonial asset division requires careful, individualized assessment to achieve true equity.

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仲裁法

ARBITRATION – SHIPPING – REPAIR GONE WRONG: CLARIFYING SHIPYARD LIABILITY IN ARBITRATION (“MARE NOVA”)

In Hai v Pai & Anor [2025] 8 MLJ 211, the Court decisively addressed the delicate intersection of marital betrayal and financial fairness. Affirming the award of damages against a third-party “homewrecker,” the decision underscores the judiciary’s firm stance on compensating emotional and financial harm arising from adultery. Furthermore, the ruling clarifies the importance of precise documentation and the consequences of commingling inherited wealth, reinforcing that matrimonial asset division requires careful, individualized assessment to achieve true equity.

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海事法

ADMIRALTY IN REM – NO RIGHT TO ARREST: MALAYSIAN COURT BLOCKS ABUSE OF ADMIRALTY LAW OVER U.S. SANCTIONS

In Unicious Energy Pte Ltd v The Owners of the ‘Alpine Mathilde’ [2023] MLJU 2819, the High Court set aside a vessel arrest brought solely to secure arbitration claims, holding it was an abuse of admiralty jurisdiction. The Plaintiff, an OFAC-designated SDN, had no valid claim due to U.S. sanctions, and the Court ruled that arrest for arbitration must strictly comply with section 11(1)(c) of the Arbitration Act 2005. This case reinforces the limits of in rem jurisdiction and the enforceability of sanctions clauses in cross-border charterparty disputes.

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公司综合法律事务

BREACH OF FIDUCIARY DUTY – UK SUPREME COURT SHUTS DOWN ‘WHAT IF’ DEFENCE IN FIDUCIARY BREACH: NO PROFIT MEANS NO EXCUSE

In Rukhadze & Ors v Recovery Partners GP Ltd and Anor [2025] 1 Lloyd’s Rep 329, the UK Supreme Court reaffirmed the uncompromising “no profit” rule for fiduciaries. The Court held that a fiduciary who profits from their position must account for those gains – regardless of good faith, intent, or hypothetical outcomes. The appellants’ argument that they would have earned the profit even without a breach was firmly rejected. The decision emphasises that loyalty, not speculation, is the standard, and reaffirms equity’s strict stance on conflicts of interest.

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劳动法(雇主与员工)

EMPLOYMENT – CONSTRUCTIVE DISMISSAL VIA TRANSFER: WHEN MANAGEMENT PREROGATIVE CROSSES THE LINE

In Saharunzaman bin Barun v Perodua Sales Sdn Bhd & Anor [2025] 2 MLJ 17, the Court of Appeal reinstated the Industrial Court’s decision that three long-serving employees were constructively dismissed after being ordered to report for duty at distant branches within three days, following their refusal to resign and accept a fixed-term contract with an associated company. The Court found that Perodua’s actions were unreasonable, mala fide, and amounted to a fundamental breach of the employment contract, especially as no valid work permits were arranged for postings in Sabah and Sarawak. The ruling affirms that “reasonableness” clauses in transfer provisions carry enforceable weight and cannot be used as tools for disguised terminations.

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侵權行為

MEDICAL NEGLIGENCE – WHEN SILENCE HURTS: COURT SLAMS GOVERNMENT WITH RM2M+ IN AMPUTATION NEGLIGENCE SUIT

In L/Kpl Naraayanan Nair a/l Subramaniam v Kerajaan Malaysia & Ors [2025] 8 MLJ 503, the High Court delivered a landmark ruling in a medical negligence suit involving a young police corporal who lost his arm due to delayed and negligent treatment. Citing emotional trauma, denial of timely access to medical records, and ongoing life-altering consequences, the court awarded over RM2 million in damages – including RM200,000 in aggravated damages – this shows the judiciary’s increasing emphasis on dignity, transparency, and rehabilitative justice in personal injury claims.

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Recent Legal Updates

LEGAL UPDATES – THE SILENT CURVE: WHY MEDICAL PREMIUMS SUDDENLY SPIKE

Medical insurance premiums do not increase gradually. They rise exponentially. For many years, costs appear manageable, giving policyholders a false sense of stability. However, once the insured reaches their mid-60s, medical charges begin to accelerate sharply, and after age 70, they often outpace the premiums by several multiples.

This happens because medical insurance is funded from a finite pool of money – an investment “bucket” – while the medical rider functions like an engine that consumes more fuel as the insured ages. When the engine grows faster than the bucket can be replenished, depletion is inevitable. The result is sudden premium hikes, demands for top-ups, or policy lapse – not due to misconduct or missed payments, but due to the structural design of the product itself.

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THE ‘COVER UNTIL 99’ MYTH – WHY INSURANCE AGENTS GET IT WRONG

Consumers must stop relying on what insurance agents say and start reading what insurance policies actually provide. ‘Medical cover until 99’ does not mean guaranteed coverage at an affordable premium. In reality, medical insurance charges rise exponentially after age 70, often making the policy mathematically unsustainable. By the time policyholders realise this, they are told to top up tens of thousands of ringgit or lose coverage altogether.

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STRATA TITLES ACT – DEVELOPER MUST ACCOUNT FOR COMMON PROPERTY COMPENSATION: HIGH COURT IMPOSES CONSTRUCTIVE TRUST

In JMB Kelana Square v Perantara Properties Sdn Bhd & Ors [2025] 12 MLJ 51, the High Court held that a developer who received compensation for land compulsorily acquired for the LRT 3 project could not retain sums attributable to common property. Although the compensation was paid entirely to the developer as registered proprietor, the Court found that part of the acquired land constituted common property, and the developer therefore held RM6.05 million on constructive trust for the Joint Management Body. The decision affirms that JMBs have proprietary standing to recover compensation for common property and that courts will intervene to prevent unjust enrichment in strata developments.

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UNFAIR DISMISSAL – MEDICAL LEAVE IS NOT MISCONDUCT: HIGH COURT UPHOLDS INDUSTRIAL COURT’S PROTECTION OF SICK EMPLOYEE

In Aerodarat Services Sdn Bhd v Lawerance Raj a/l Arrulsamy & Anor [2025] 11 MLJ 26, the High Court dismissed an employer’s judicial review and affirmed that prolonged medical leave does not, by itself, amount to misconduct justifying dismissal. The Court held that the employer failed to prove the critical element of intention not to return to work or unwillingness to perform contractual duties, despite high absenteeism caused by serious illness and surgery. The ruling reinforces that employers must distinguish between genuine illness and misconduct, and cannot rely on medical absence alone to terminate employment.

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WILL AND PROBATE – COURT OF APPEAL INVALIDATES WILL OF 97-YEAR-OLD TESTATOR: CAPACITY, SUSPICION AND UNDUE INFLUENCE PROVED

In Kong Kin Lay & Ors v Kong Kin Siong & Ors [2025] 5 MLJ 891, the Court of Appeal set aside a will executed by a 97-year-old testator, holding that there was real doubt as to testamentary capacity, compounded by serious suspicious circumstances and undue influence by certain beneficiaries. The Court emphasised that while the “golden rule” is not a rule of law, failure to obtain medical confirmation of capacity where doubt exists is a grave omission. Credibility issues with the drafting solicitor, beneficiary involvement in the will’s preparation, and suppression of evidence led the Court to declare the will invalid and order intestacy.

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NOT AN ‘AGREEMENT TO AGREE’: ENGLISH COURT OF APPEAL SAVES LONG-TERM SUPPLY CONTRACT DESPITE OPEN PRICE CLAUSE

In KSY Juice Blends UK Ltd v Citrosuco GmbH [2025] 2 Lloyd’s Rep 581, the UK Court of Appeal held that a long-term supply contract was not unenforceable merely because part of the price was stated as “open price to be fixed”. The Court implied a term that, in the absence of agreement, the price would be a reasonable or market price, noting that the product’s value could be objectively benchmarked against the market price of frozen concentrated orange juice. Emphasising that courts should preserve commercial bargains rather than destroy them, the decision confirms that section 8(2) of the Sale of Goods Act 1979 operates as a saving provision, not a bar to enforceability.

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