Yew Huoi, How & Associates | Leading Malaysia Law Firm

法律资讯

法律资讯

Filter by Category
更新

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.

Read More »
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.

Read More »
更新

TORT OF DEFAMATION – NO MALICE, NO DEFAMATION: POLITICAL COMMENTARY STANDS PROTECTED

In Lim Guan Eng v Datuk Tan Teik Cheng & Anor [2025] 2 MLJ 791, the Court of Appeal dismissed a defamation claim over a politically charged article alleging conditions tied to a RM4 million school allocation. The Court ruled that the statements – framed as a call for explanation – were not defamatory when read in full context. The defendants successfully relied on the defences of fair comment and reportage, with the Court emphasising that political commentary, if rooted in fact and honestly held, remains protected speech – even during an election campaign. Malice was not proven, and the article’s publication in a neutral “Letters to the Editor” section further insulated the publisher from liability.

Read More »
更新

ILLEGALITY AND CONTRACT – RM49 MILLION MISTAKE? ADW2 STRUCK DOWN FOR NO CONSIDERATION DIMENSI SDN BHD LEGALLY VALID?

In Kuala Dimensi Sdn Bhd v Port Kelang Authority [2025] 2 MLJ 238, the Federal Court reaffirmed a core principle of contract law – no consideration, no contract. The Court held that the supplemental agreement (ADW2), which increased interest payable by RM49 million, was void for want of consideration, despite being acted upon. Notably, the Court rejected the “practical benefit” doctrine from Williams v Roffey, clarifying that Malaysian law continues to uphold traditional consideration requirements. Estoppel, too, could not rescue the agreement. This case sends a clear message: contractual variations must be backed by clear and enforceable consideration, or risk being struck down.

Read More »
更新

GAMBLING DEBT – NOT JUST A LOAN, STILL A GAMBLE – FEDERAL COURT DEALS FINAL BLOW TO CASINO CREDIT RECOVERY

In Dato’ Ting Ching Lee v Ting Siu Hua [2025] 2 MLJ 295, the Federal Court delivered a decisive ruling on the enforceability of gambling-related debts disguised as credit facilities. The Court held that credit lines granted for the sole purpose of purchasing casino chips constituted a composite gambling contract, not a genuine loan – and are therefore unenforceable under Malaysian law.

In overruling Wynn Resorts (Macau) SA v Poh Yang Hong, the Court reinforced that no matter how cleverly disguised, claims tied to gambling are void and against public policy. The decision serves as a stark reminder: Malaysian courts will not act as debt collectors for foreign casinos.

Read More »
商业案件

REGULATIONS – GENERAL AGREEMENT ON TARIFFS AND TRADE (GATT 1947 )

On 3.4.2025, the United States imposed a 24% tariff on Malaysian exports, triggering concerns over its legality under international trade law. The measure appears to breach core WTO obligations, including Most-Favoured Nation treatment and tariff bindings. Malaysia has strong grounds to challenge the tariff through WTO dispute settlement, though enforcement could be delayed due to the Appellate Body impasse. In the meantime, Malaysia is pursuing diplomatic avenues, highlighting the importance of rules-based trade amid rising global protectionism.

Read More »
侵權行為

MEDICAL NEGLIGENCE & VICARIOUS LIABILITY – VACUUM EXTRACTION GONE WRONG: COURT HOLDS HOSPITAL LIABLE FOR CHILDBIRTH INJURY

The Court of Appeal decisively overturned the High Court’s findings, emphasizing the critical importance of accurate medical documentation and proper patient counseling. The hospital was held vicariously liable for its medical officer’s negligence, highlighting a clear judicial stance on protecting patient rights during childbirth procedures.

Read More »
更新

ROAD ACCIDENT – MOTOR INSURANCE CLAIM – FEDERAL COURT TO INSURERS – NO MORE DELAYING THIRD-PARTY PAYOUTS!

The Federal Court in Chen Boon Kwee v Berjaya Sompo Insurance Bhd [2025] 1 MLJ 158 delivered a crucial ruling that prevents insurers from forcing accident victims to file additional lawsuits to claim their rightful compensation. The court reaffirmed that once a third party has obtained a judgment against the insured, the insurer must pay – no extra legal hurdles, no unnecessary delays. This case marks a significant win for accident victims, ensuring they are not unfairly denied compensation due to procedural roadblocks.

Read More »
更新

ROAD ACCIDENT – INSURANCE COMPANY STRIKES BACK: HIGH COURT OVERTURNS ROAD ACCIDENT CLAIM

When a motorcyclist claimed he was knocked down in an accident, the Sessions Court ruled in his favor, holding the other rider fully liable. But the insurance company wasn’t convinced. They appealed, arguing that there was no proof of a collision and even raised suspicions of fraud. The High Court took a closer look – and in a dramatic turn, overturned the decision, dismissed the claim, and awarded RM60,000 in costs to the insurer. This case is a stark reminder that in court, assumptions don’t win cases – evidence does.

Read More »

Categories

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.

Read More »

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.

Read More »

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.

Read More »

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.

Read More »

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.

Read More »

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.

Read More »

Categories

zh_TWZH
× 联系我们