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JAMES HO THIAM HEE v. KOBE SHIPPING AND FORWARDING AGENCIES SDN BHD
INDUSTRIAL COURT, SARAWAK
MOHD TAUFIK MOHD YUSOFF
AWARD NO. 275 OF 2025 [CASE NO: 8-4-312-24]
24 FEBRUARY 2025

A 'goodwill' payment made by an employer upon termination does not prevent an employee from challenging the legality of the said dismissal at the Industrial Court. Such payments are considered gestures of helpfulness and do not imply acceptance of the termination or waive the employee’s right to pursue legal action under the Industrial Relations Act 1967. The employer’s act of paying a goodwill payment and the employee’s acceptance of the same without any protest, do not mean that the employer can later argue that the employee accepted the termination and that the employer is absolved of any claim by employee for unlawful dismissal.

MAJLIS PERBANDARAN SELAYANG v. SURESH SUBRAMANIAM
FEDERAL COURT, PUTRAJAYA
HASNAH MOHAMMED HASHIM FCJ; RHODZARIAH BUJANG FCJ; AB KARIM AB JALIL FCJ
[CIVIL APPEAL NO: 01(f)-20-06-2023(B)]
20 FEBRUARY 2025

The duty of care beholden upon a solicitor is not contingent upon him being paid for his services by the client. Therefore, even if such a service is given pro bono, that duty remains and, a breach thereof would render the solicitor liable. The solicitor must, at all material times, exercise reasonable skill and care in securing and preserving the client's interest.

CIMB BANK BHD v. SUPPIAH S GOVINDASAMY & ORS
COURT OF APPEAL, PUTRAJAYA
HASHIM HAMZAH JCA; MOHAMED ZAINI MAZLAN JCA; WONG KIAN KHEONG JCA
[CIVIL APPEAL NO: P-02(A)-842-07-2020]
14 JANUARY 2025

Section 9(1) of the Government Proceedings Act 1956 ('GPA') is an enabling provision, granting specific rights to file suits related to public, religious, social or charitable trusts. It does not impose a requirement for a chargee to obtain the Attorney General's written consent before executing or registering a third-party charge unless they are: (i) filing a suit regarding a breach of such a trust; (ii) seeking court's directions for the administration of such a trust; (iii) applying to join an existing suit on behalf of the Government or public related to such a trust; and (iv) those actions are based on one of the purposes within s. 9(1)(a) to (i) of the GPA.

PENDAFTAR MUALAF NEGERI PERLIS & ORS v. LOH SIEW HONG & ANOTHER APPEAL
FEDERAL COURT, PUTRAJAYA
TENGKU MAIMUN TUAN MAT CJ; NALLINI PATHMANATHAN FCJ; ABU BAKAR JAIS FCJ
[CIVIL APPEAL NOS: 08(f)-35-02-2024(W) & 08(f)-47-02-2024(W)]
4 MARCH 2025

(i) Article 12(4) of the Federal Constitution requires the consent of both parents for the conversion of a minor to Islam. The word 'parent' in art. 12(4) must be interpreted as meaning both parents; (ii) The ruling of the Federal Court is binding throughout the nation; (iii) While Syariah Courts have full power to decide on matters within their jurisdiction, civil courts retain supervisory power to correct errors when Syariah Courts act outside their jurisdiction. A decision made by the Syariah Courts outside of their jurisdiction can be set aside by the civil courts.

e-Judgment Today

RAH v. RAL
HIGH COURT MALAYA, KUALA LUMPUR
EVROL MARIETTE PETERS J
[ORIGINATING SUMMONS NO: WA-24F-190-07-2024]
1 MARCH 2025
[2025] CLJ JT (3)

(i) Embryos, while not legal persons, are not to be treated as ordinary property that can be freely sold, transferred, or disposed of like other assets. Embryos should not be divided as part of matrimonial assets in a divorce or separation, as in this case, without careful consideration of the ethical and moral implications involved. In the absence of a clear agreement between parties regarding the fate of frozen embryos post-divorce, the court will balance the parties' rights. In the case at hand, (a) the applicant's right to procreate was balanced against the respondent's right not to be compelled into parenthood; and (b) the party who primarily bears the financial responsibility for preserving the embryos was granted control, subject to certain conditions; (ii) Monthly child maintenance is determined based on the child's reasonable needs, considering the parents' financial capabilities. Lump sum child maintenance is not permitted under s. 19A of the Guardianship of Infants Act 1961.

MOHD RIZA MAT RANI & ORS v. ZURICH GENERAL TAKAFUL MALAYSIA BHD & ANOR
COURT OF APPEAL, PUTRAJAYA
RAVINTHRAN PARAMAGURU JCA; MARIANA YAHYA JCA; LIM CHONG FONG JCA
[CIVIL APPEAL NO: W-02(NCC)(A)-560-03-2022]
4 OCTOBER 2024
[2025] CLJ JT (2)

Third-party coverage for motor vehicles under the Road Transport Act 1987 ('RTA') is not merely a contractual liability but a statutory one. The compulsory insurance policy regime under s. 96 of the RTA seeks to protect the coverage of risks to innocent third-party road users by insurers who had underwritten those risks. Breaches of any term of the insurance policy that may affect liability between the insured and the insurer will not affect any innocent third-party road users who suffered personal injuries because of an accident.

ASIAN INTERNATIONAL ARBITRATION CENTRE v. ONE AMERIN RESIDENCE SDN BHD & ORS AND ANOTHER APPEAL
FEDERAL COURT, PUTRAJAYA
ABANG ISKANDAR PCA; ABU BAKAR JAIS FCJ; HANIPAH FARIKULLAH FCJ
[CIVIL APPEAL NOS: 01(i)-31-12-2023(W) & 02(i)-66-12-2023(W)]
13 FEBRUARY 2025
[2025] CLJ JT (1)

(i) The immunity from suit and from other legal process, in para. 1 of the First Schedule to the International Organizations (Privileges and Immunities) Act 1992 ('IOPIA') conferred upon the Asian International Arbitration Centre ('AIAC') as an international organisation, under the Kuala Lumpur Regional Centre for Arbitration regulations, is applicable to render the AIAC immune from judicial review, of acts and decisions made by the AIAC in its capacity as the domestic and statutory adjudication authority under the Construction Industry Payment and Adjudication Act 2012 ('CIPAA'); (ii) The IOPIA and the CIPAA do not oust the High Court's inherent powers in judicial review proceedings; (iii) There is no necessity to draw distinction on the capacity of the AIAC, either as an international arbitral institution or the statutory adjudication authority, before the AIAC is entitled to enjoy the immunity conferred under the IOPIA and the CIPAA.

LATEST FC/CA

Baskaran Govindasamy & Ors v. Chiew Yit Kin [2025] CLJU 761 [CA]
Wawasan Raya (M) Sdn. Bhd & Ors. v. Marc Service Residence Management Corporation [2025] CLJU 760 [CA]
Zali Saad & Yang Lain lwn. PP [2025] CLJU 697 [CA]
The New Straits Times Press (Malaysia) Berhad v. Aideah Communication Sdn Bhd [2025] CLJU 820 [FC]
Tan Tai Kwan lwn. PP [2025] CLJU 698 [CA]
United Overseas Bank (Malaysia) Bhd v. Tan Chong Whatt & Anor [2025] CLJU 805 [CA]
Sri Sanjeevan Ramakrishnan v. Asp Poonnam E Keling & Ors [2025] CLJU 759 [FC]
Mohd. Azizul Abd Wahab v. Tan Sri Dato' Seri Abdul Hamid Bin Bador (Ig) & Ors [2025] CLJU 763 [CA]
Suriwong International Sdn Bhd v. Menteri Kewangan Malaysia & Ors [2025] CLJU 685 [CA]
Liau Vui Pin v. PP [2025] CLJU 817 [CA]

JUDICIAL QUOTES

“Judges are of course by no means infallible, but care should be taken by counsel in criticising the decisions of any judge, even in circumstances where an appeal is being mounted against the decision of the judge in question. Criticism must be measured and grounded with a basis in fact or principle. To charge the High Court with misunderstanding a party's case when that argument had not been raised before the High Court could potentially amount to misleading the appellate court. We see no reason why, in the appropriate case, a citation for contempt should not be raised against counsel.” - Per Azizul Azmi Adnan JCA in Suriwong International Sdn Bhd v. Menteri Kewangan Malaysia & Ors [2025] CLJU 685

“Based on our reading of s. 4 of the Town and Country Planning Act 1976 (TCPA 1976) in its whole context, it is apparent that under s. 4 of the TCPA 1976, the words “may” and “shall” are repeatedly used in different and distinct provisions. It is clear that when the provision refers to the functions of the first respondent under the TCPA 1976, the word “shall” is used, whereas the word “may” is used when the provision refers to the exercise of those functions.”

“To further illustrate, we say that it is one of the mandatory functions of the first respondent to regulate, control, plan, and coordinate all development activities in the state and in so doing, the first respondent has the discretion to perform any other functions that are supplemental, incidental, or consequential thereto as may be necessary or expedient to carry out its functions under the TCPA 1976, including but not limited to, holding a local inquiry or hearing.”

“In our view, there is nothing in the judgment of the Federal Court in Sunrise Garden’s case to suggest that the refusal or failure of the first respondent to call for a local inquiry or hearing on the rezoning of the subject land was inconsistent with the object, purpose and fundamental aspect of the TCPA 1976.”

“For the above reasons, we disagree with the appellant and hold that there was no apparent need for the first respondent to include public participation through a local inquiry or hearing in determining the third respondent’s application for rezoning the subject land. We found no merit in the appellant’s first point.” - Per Hashim Hamzah JCA in Tang Heng Lut v. Jawatankuasa Perancang Negeri Pulau Pinang & Ors [2025] 4 CLJ 445

“I take it at face value that the majority of the Applicants have stayed and worked on the Affected Lands for over 60 years. They may have worked and stayed on the Affected Lands for 100 years. The length of time of their stay does not in any manner changed the fact that they are squatters. Not only that they don't have any rights, they have also committed criminal wrongdoings for so long as they remain on the land without permission of the rightful owner."

“I had set out the law earlier, that as the Applicants are squatters simpliciter, the State Authority need not do anything at all to compensate them in any manner. But the State Authority, through R5 and R6 had come out with the Land Legalisation Scheme. The Scheme may appear to be commercially not viable or unfair or unscrupulous or unjust or ridiculous from the standpoint of the Applicants. But the Applicants must be reminded on the starting point of the conversation between this Court and them - that they are squatters simpliciter. The Applicants have no right to claim anything under the law to begin with.” - Per Mohd Radzi Harun J in Chin Swee Heung & Ors v. Pentadbir Tanah Daerah Raub & Ors And Another Case [2024] CLJU 2967

UPDATED
( as of 05 May 2025)

SWK. CAP. 76 (1958 ED.)
Labour Ordinance Sarawak
SABAH CAP. 67
Labour Ordinance
ACT 707
Labuan Limited Partnerships and Limited Liability Partnerships Act 2010
ACT 706
Labuan Foundations Act 2010
ACT 554
Labuan Trusts Act 1996

REVOKED
(as of 14 March 2025)

PU(A) 183/2009
Universiti Pertahanan Nasional Malaysia (Discipline of Students) Rules 2009
PU(A) 231/2009
Universiti Malaysia Pahang (Discipline of Students) Rules 2009
PU(A) 181/2008
Universiti Darul Iman Malaysia (Discipline of Students) Rules 2008
PU(A) 347/2009
Universiti Sains Islam Malaysia (Discipline of Students) Rules 2009
PU(A) 221/1999
Universiti Utara Malaysia (Discipline of Students) Rules 1999

PRINCIPAL

ACT 864
Data Sharing Act 2025
ACT 863
Measures For The Collection, Administration And Enforcement Of Tax Act 2024
ACT 862
Finance Act 2024
ACT 861
Energy Efficiency And Conservation Act 2024
ACT 860
Malaysia Border Control And Protection Agency Act 2024

AMENDING

ACT A1759
Labuan Limited Partnerships And Limited Liability Partnerships (Amendment) Act 2025
ACT A1758
Labuan Foundations (Amendment) Act 2025
ACT A1757
Labuan Trusts (Amendment) Act 2025
ACT A1756
Labuan Companies (Amendment) Act 2025
ACT A1755
Legal Profession (Amendment) Act 2025

PUA

PU(A) 116/2025
Registration Of Pharmacists (Amendment Of First Schedule) (No. 2) Order 2025
PU(A) 115/2025
Police (Uniforms) (Amendment) Regulations 2025
PU(A) 114/2025
National Skills Development (Waiver Offee To Student With Special Needs) Regulations 2025
PU(A) 113/2025
Income Tax (Exemption) Order 2009 (Amendment) Order 2025
PU(A) 112/2025
Double Taxation Relief (The Government Of The Russian Federation) Order 2025

PUB

PU(B) 172/2025
Notification Of Value Of Crude Petroleum Oil Under Section 12
PU(B) 171/2025
List Of Licensees
PU(B) 170/2025
Notification Of Value Of Palm Kernel Under Section 12
PU(B) 169/2025
Appointment Of Date Of Coming Into Operation
PU(B) 168/2025
Notice To Third Parties

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ARTICLE HIGHLIGHTS

'MEDIATION: AT THE DAWN OF A GOLDEN AGE'

SPEECH DELIVERED AT THE SAMADHAN NATIONAL CONFERENCE 2023⁺
by Chief Justice Sundaresh Menon*

Key Messages

1. Although many people think of litigation and arbitration when "dispute resolution" is mentioned, mediation should be seen as an equally valid and valuable mode of dispute resolution. This is because mediation is usually much cheaper and more efficient than litigation or arbitration, and it also translates to a higher likelihood of compliance and of preserving the parties' relationship. As a result, mediation has been deployed effectively in Singapore in many areas, ranging from family justice to employment disputes and construction disputes.

2. One of the key reasons mediation has not gained more traction, especially in commercial disputes, is the perception that settlement agreements arising from mediation are difficult to enforce. The Singapore Convention on Mediation addresses that difficulty. It is an international treaty that sets out a common approach to the enforcement of settlement agreements arising out of international commercial mediation. We should promote the adoption of the Singapore Convention by more states in order to make this approach a universal one.

THE IMPACT OF 4IR ON MARGINALISED AND VULNERABLE GROUPS IN MALAYSIA
by Haezreena Begum binti Abdul Hamid*

This article examines the impacts of the Fourth Industrial Revolution ('4IR') on vulnerable and marginalised groups in Malaysia, such as the poor, women in poverty, children, the elderly and persons with disabilities. Drawing on data from written documents, reports, and digital sources, the article critically assesses Malaysia's National 4IR Policy, which aims to integrate the physical, biological, and digital worlds through four key strategies: equipping people with 4IR knowledge, developing digital infrastructure, future-proofing regulations, and fostering technology innovation and adoption. While the 4IR policy seeks to support national development, address technological risks, and promote digitalisation, there seems to be a lack of laws and legal safeguards for the rights of vulnerable and marginalised people. As a result, this group faces multiple challenges, such as job displacement, increased poverty rates, widening gender gaps, and wastage of resources. The article concludes by providing recommendations on 4IR policies, programs, and practices, evaluating their current and potential impacts on these groups.

THE DILEMMAS IN INFORMED SPOUSAL CONSENT IN MEDICAL TREATMENT
by Dr Ambikai S T Singam^[i] Dr Jaganraj Ramachandran^[ii]

This is a conceptual paper that aims to determine spousal consent requirements for medical treatment and healthcare in Malaysia. This article seeks to determine whether there are any legal and ethical provisions in Malaysia that allow for spousal consent and protect the spouse involved. This study reviews the literature on the history of spousal consent requirements and its consequences in healthcare practice. It aims to evaluate the factors that affect the voluntariness and competency of the spouse in giving consent on behalf of the patient. This paper reviews the existing literature surrounding the phenomenon of giving consent for medical treatment in healthcare, particularly how the element of competency affects such consent requirements. Hence, in Malaysia, there is no specific law that governs the provisions for spousal consent in healthcare practice. This study aims to explore the Malaysian Medical Council Guideline on Consent for Treatment of Patients by Registered Medical Practitioners ('MMC Guideline on Consent') and the current Malaysian laws to determine whether they are sufficient to address the element of spousal consent requirement.

GLOBAL NEWS

GAMBLING DEBTS NOT LEGALLY ENFORCEABLE IN M’SIA, FEDERAL COURT RULES

The apex court rules that transactions premised on gambling activities are against public policy and are illegal, null, and void.

A gambling debt is not legally enforceable in Malaysia on grounds of public policy, the Federal Court has ruled. In delivering the unanimous judgment of the court, Justice Nordin Hassan noted that the government had repeatedly and firmly voiced its stance against gambling in Parliament on grounds that the public derives no benefit from it.

BALANCING THE SUB JUDICE RULE AND FREEDOM OF SPEECH AND EXPRESSION &NDASH; RAJAN NAVARATNAM

Globally, there is an unfettered right of access to court proceedings by the public, which is consilient with the principle of open justice as it is regarded as an essential tenet of any justice system to guarantee public confidence, independence, and accountability in the administration of justice. In Malaysia, Section 15 of the Courts of Judicature Act 1964 states that all civil and criminal matters shall be deemed to be open and accessible to the public. Journalists are often keen to report on cases that are newsworthy and those that garners public interest wherein they act as an intermediary between the public and the courts.

LORD DENNING - A PHENOMENON HTTPS://WWW.LIVELAW.IN/ARTICLES/LORD-DENNING-LIFE-AND-HIS-IMPACT-ON-COMMON-LAW-DEVELOPMENT-251353

To generations who have passed their lives in the law his is truly clarum et venerabile nomen. Lord Denning was a colossus who strode the judicial landscape in the second half of the last century shedding lambent light on ticklish legal corners and illuminating the legal and judicial landscape with his effulgence. He was unique. His tenure as a judge expanded the universe of judicial discourse. This year 2024 marks his 125th birth anniversary (January 23) and today, March 5 is his 25th death anniversary. It is appropriate that we remember him, draw inspiration from his life and work and salute his memory.

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