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合約法

MONEYLENDING – ILLEGALITY– COURT OF APPEAL: LICENSED MONEYLENDERS CAN RECOVER VOID LOANS UNDER RESTITUTION

In Golden Wheel Credit Sdn Bhd v Dato’ Siah Teong Din [2025] MLJU 2245, the Court of Appeal ruled that a licensed moneylender may recover loan monies under section 66 of the Contracts Act 1950, even when the moneylending agreements are void for technical non-compliance with the Moneylenders Act 1951. The Court held that while the agreements were void and unenforceable, they were not illegal, as the lender was duly licensed and the transactions were genuine. Applying the Federal Court’s Detik Ria principles, the Court found that restitution was proportionate and justified, ordering repayment of RM3.38 million to prevent unjust enrichment.

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智慧財產

TRADEMARKS ACT 1976 – INFRINGEMENT OF TRADEMARK AND/OR TORT OF PASSING OFF – LEXUS VS LEX: FEDERAL COURT REAFFIRMS EXCLUSIVE TRADEMARK RIGHTS FOR MUNCHY’S

In Munchy Food Industries Sdn Bhd v Huasin Food Industries Sdn Bhd [2022] 1 MLJ 377, the Federal Court restored the High Court’s decision in favour of Munchy’s, ruling that Huasin’s LEX biscuits infringed and passed off the LEXUS trademark. The Court held that “honest concurrent use” cannot be raised where the defendant’s mark is unregistered and unpleaded, and that a trademark owner need not vary its registered mark before commencing infringement or passing off actions. The decision strengthens protection for registered proprietors and highlights that pleadings and exclusivity remain central in trademark disputes.

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合約法

BREACH OF CONTRACT – COURT OF APPEAL AFFIRMS LAD: CONTRACTOR LIABLE FOR DELAY, EXTRA CLAIMS REJECTED

In Savelite Engineering Sdn Bhd v Askey Media Technology Sdn Bhd [2025] CLJU 1808, the Court of Appeal upheld the employer’s entitlement to RM768,900 in liquidated damages (LAD) for a 233-day delay in completing a factory project. The Court held that time was of the essence, and the contractor was estopped from denying liability after applying for extensions of time. Applying section 75 of the Contracts Act 1950 and Cubic Electronics, the LAD was found proportionate (~9% of the contract price) and thus reasonable compensation. Claims for additional losses, such as lost rental profits and indemnity to tenants, were barred where an LAD clause exists.

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运输法

MARITIME LAW – SOYBEANS, SALVAGE SALES AND SUIT RIGHTS: COURT CLARIFIES CARGO DAMAGE RECOVERY

In AMS Ameropa Marketing and Sales AG & Anor v Ocean Unity Navigation Inc (The “Doric Valour”) 1 Lloyd’s Rep 389, the UK Commercial Court awarded US$293,755.10 for heat-damaged soybeans shipped from Louisiana to Egypt. Although only 70 – 80 mt of beans were physically damaged, 3,600 mt were reasonably treated as distressed and sold in a salvage sale at an 18% discount. The Court held that the assignee of the cargo receiver had valid title to sue, and that the salvage sale was a reasonable act of mitigation. Ancillary claims for warehousing, survey, and transport costs failed for lack of proof.

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运输法

SHIPPING – ADMIRALTY – FLOATING CASINOS AS COLLATERAL: COURT HOLDS GAMING EQUIPMENT FALLS WITHIN SHIP MORTGAGE

In KfW IPEX-Bank GmbH v Owner of the Vessel “World Dream” [2025] 2 Lloyd’s Rep 137, the Singapore High Court ruled that casino gaming equipment on board a luxury cruise ship formed part of the mortgaged vessel. The Court held that under long-standing admiralty principles, “ship” covers not only navigation gear but also items necessary for the vessel’s commercial adventure. As the World Dream was designed as a floating resort with gaming as a central attraction, the slot machines and casino tables were integral to its purpose and thus subject to the mortgage. The decision highlights the wide scope of ship mortgages and the importance of expressly addressing high-value movable assets in financing documents.

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合約法

BREACH OF CONTRACT – ACQUIESCENCE AND CLEAN HANDS: COURT OF APPEAL BARS PURCHASER FROM ENFORCING SPA

In Vila Mekar Sdn Bhd v Wong Yie Dee [2025] MLJU 2104, the Court of Appeal overturned the High Court’s order for specific performance of a Sale and Purchase Agreement (SPA). The Court held that the Purchaser’s attempt to terminate in 2010 was invalid, as he failed to pay the required compensation, and by acquiescing to the Developer’s delay, the SPA remained subsisting. Later, the Purchaser’s refusal to pay progress claims and termination of his housing loan constituted clear breach and repudiation. Emphasising the equitable maxim that “he who comes to equity must come with clean hands,” the Court removed the Purchaser’s caveat and awarded costs to the Developer.

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Constitutional Law

CONSTITUTIONAL RIGHT- BALLOT BOX VS SOPS: COURT OF APPEAL UPHOLDS CONSTITUTIONAL RIGHT TO VOTE

In Tamileswaaran a/l Ravi Kumar v Suruhanjaya Pilihan Raya Malaysia & Anor [2025] MLJU 2371, the Court of Appeal held that the Election Commission acted unconstitutionally when it barred a COVID-positive voter from casting his ballot under SOPs issued during the Johor State Elections. The Court reaffirmed that the right to vote under Article 119 of the Federal Constitution is a fundamental constitutional right that cannot be curtailed by subsidiary legislation or administrative protocols. While acknowledging a breach, the Court declined to award damages as the Commission acted in good faith under extraordinary public health circumstances.

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Malaysian Case Law

DEFAMATION – LOCUS STANDI – WHEN SOCIETIES CAN’T SUE: IKRAM’S DEFAMATION CLAIM AGAINST RIDHUAN FAILS ON LOCUS STANDI

In Mahdzir bin Md Isa (suing as Pegawai Awam Pertubuhan Ikram Malaysia) v Mohd Ridhuan Tee bin Abdullah [2025] 10 MLJ 605, the High Court dismissed a defamation suit brought on behalf of Ikram, holding that a registered society lacks the legal standing to sue for defamation under the Societies Act 1966. While the Court accepted that the impugned Facebook postings were defamatory and unsupported by the defences of justification or fair comment, the claim was struck out at the threshold issue of locus standi. The judgment underscores a significant limitation: reputational protection under defamation law does not extend to unincorporated societies.

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海商海事

ADMIRALTY – LIMITATION OF LIABILITY – REPAIRS VS CARGO REMOVAL: SUPREME COURT DRAWS THE LINE ON LIMITATION1976, ARTICLE 2

In MSC Mediterranean Shipping Co SA v Conti 11 Container Schiffahrts-GmbH & Co KG (The “MSC Flaminia”) [2025] 2 Lloyd’s Rep 150, the UK Supreme Court clarified the scope of the 1976 Limitation Convention. The Court held that charterers may limit liability for claims brought directly by owners, rejecting the Court of Appeal’s restrictive “owner’s original loss” rule. However, it reaffirmed that claims for loss of or damage to the vessel itself and consequential losses remain non-limitable. Importantly, the Court drew a distinction between repair costs (not limitable) and cargo-related costs (potentially limitable): while payments to authorities, removal of fire-fighting water, and waste disposal were treated as repair costs, the discharging and decontamination of cargo fell within Article 2.1(e) as limitable claims. The ruling underscores the need for careful characterisation of claims when invoking limitation rights.

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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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