HOME

CASE HIGHLIGHTS

USAMA AHMED JUNAID v. CONCENTRIX CVG MALAYSIA SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
AHMAD RAZIF MOHD SIDEK
AWARD NO. 751 OF 2025 [CASE NO: 3-4-1183-24]
14 MAY 2025

Trust and honesty are the core of an employer-employee relationship. An employer is justified in terminating an employee’s employment if the employee provides false or inaccurate information regarding his employment history during the application process, especially when the employment contract stipulates that employment is subject to satisfactory background checks.

PENDAFTAR HAKMILIK NEGERI PERAK PEJABAT PENGARAH TANAH DAN GALIAN BANGUNAN SERI PERAK DARUL RIDZUAN JALAN PANGLIMA BUKIT GANTANG WAHAB 30000 IPOH, PERAK v. WONG SEW LING & ORS
COURT OF APPEAL, PUTRAJAYA
RAVINTHRAN PARAMAGURU JCA; COLLIN LAWRENCE SEQUERAH JCA; AHMAD KAMAL MD SHAHID JCA
[CIVIL APPEAL NO: A-01(NCVC)(A)-102-03-2023]
10 JANUARY 2025

The State Authority, having approved an application for a proposed conversion of the category of land use and sub-division of land, and in the process of re-alienation of the land, may not reduce the tenure of the original title held in perpetuity to a term not exceeding 99 years. To do so would be ultra vires the provision of s. 204E(3) of the National Land Code and against the prohibition under art. 13(1) of the Federal Constitution.

THE NEW STRAITS TIMES PRESS (MALAYSIA) BHD v. AIDEAH COMMUNICATION SDN BHD
FEDERAL COURT, PUTRAJAYA
ZABARIAH MOHD YUSOF FCJ; AB KARIM AB JALIL FCJ; AHMAD TERRIRUDIN MOHD SALLEH FCJ
[CIVIL APPEAL NO: 02(f)-30-08-2024(W)]
8 APRIL 2025

(i) The inclusion of a 'reasonable endeavours' clause in a commercial agreement for securing advertisements, particularly in an industry subject to external market forces, provides a pragmatic and commercially sensible benchmark for the obligor's performance. This clause acknowledges the inherent unpredictability of the advertising market and aligns the obligor's obligations with these dynamics, functioning as a 'soft target' reflecting the parties' intentions at the time of the agreement; (ii) The contra proferentum rule is a last resort rule to be applied only when there is genuine ambiguity in the terms of a contract after exhausting other methods of interpretation to ascertain the parties' intentions.

SRI SANJEEVAN RAMAKRISHNAN v. ASP POONNAM E KELING & ORS
FEDERAL COURT, PUTRAJAYA
HARMINDAR SINGH DHALIWAL FCJ; AB KARIM AB JALIL FCJ; VAZEER ALAM MYDIN MEERA FCJ
[CIVIL APPEAL NO: 01(F)-4-02-2024(W)]
7 APRIL 2025

The granting of a habeas corpus order simply means that a detention is found to be unlawful for the purposes of immediate release. The fact that a habeas corpus order is issued, however, does not automatically translate to liability for false imprisonment. In order to claim damages for unlawful detention, through the tort of false imprisonment, one must still prove the elements of that specific tort in a separate civil suit.

e-Judgment Today

MUHAMMED YUSOFF RAWTHER v. ANWAR IBRAHIM; KETUA PENGARAH JABATAN SIASATAN JENAYAH POLIS DIRAJA MALAYSIA & ANOR (PARTIES SOUGHT TO BE DISCOVERED)
HIGH COURT MALAYA, KUALA LUMPUR
JOHAN LEE KIEN HOW J
[CIVIL SUIT NO: WA-22NCVC-491-07-2021]
2 MAY 2025
[2025] CLJ JT (5)

(i) For an application for discovery under O. 24 r. 7A of the Rules of Court 2012, mere assertion of relevancy and necessity is insufficient; a thorough and clear explanation must be provided to demonstrate how the disclosure of the documents sought would be relevant and necessary for the fair disposal of the case or to save costs; (ii) Polygraph test results have no place in civil proceedings to establish credibility of witnesses as there are established alternative tools for the court and counsel to determine credibility of a witness, ie, demeanour, consistency of answers; (iii) Polygraph test results obtained during a criminal investigation, where the person undergoing the test was an informant and had the understanding that the information would be treated confidentially, are considered communications made in official confidence

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

Live Capital Sdn Bhd v. Pioneer Conglomerate Sdn Bhd [2025] CLJU 1308 [FC]
Mahathir Usman v. PP [2025] CLJU 1218 [CA]
Mfr Comtech Resources Sdn Bhd v. PP [2025] CLJU 1187 [CA]
Yong Kein Sin & Anor v. Perbadanan Pengurusan Springtide Residences & Other Appeals [2025] CLJU 1141 [CA]
Sagar Sharma & Satu Lagi lwn. PP [2025] CLJU 1142 [CA]
Lambang Kelana Sdn Bhd v. Tenaga Nasional Berhad & Ors [2025] CLJU 1217 [CA]
Eng Han Engineering Sdn Bhd v. Toshiba Elevator (M) Sdn Bhd & Other Appeals [2025] CLJU 1148 [CA]
Magendran Mukunthan lwn. PP [2025] CLJU 1147 [CA]
Setia Awan Management Sdn Bhd v. SPNB Aspirasi Sdn Bhd [2025] CLJU 982 [CA]
Wong Zing Haw v. PP [2025] CLJU 1061 [CA]

JUDICIAL QUOTES

If all commercial banks in Malaysia are to impose the same exclusion clause as the respondent bank in this case when handling overseas remittance for their customers, there is much for the customers to worry about. This is so because the respondent bank takes the position that it is entitled to rely on exclusion clauses in its remittance form to disclaim all liabilities if the customer's money had been erroneously credited into the bank account of someone whose name is completely different from the beneficiary/payee's name stated in the remittance form.. – Per Gan Techiong JC in Anish Resources Sdn Bhd v. Public Bank Bhd [2025] CLJU 1027

It is settled that an order of habeas corpus is only given when the detention is found to be unlawful. Now, if the habeas corpus court were to declare the detention unlawful and order the release of the detenu, does that automatically translate to an undefendable claim in an action for the tort of false imprisonment, bearing in mind that a claim for false imprisonment is a private law action and an application for a writ of habeas corpus is a public law proceeding?

We agree with the dicta of the Court of Appeal in Shahrudi Abidin v. Datuk Wira Abu Seman Yusop Timbalan Menteri Dalam Negeri Kementerian Dalam Negeri Malaysia & Ors [2021] 1 CLJ 52, and adopt the same. The detenu who claims to have been unlawfully detained and is successful in a claim for habeas corpus will have to mount a separate action in tort for damages or monetary compensation. The success on a habeas corpus application will not necessarily form the basis of the civil action for damages. - Per Vazeer Alam Mydin Meera FCJ in Sri Sanjeevan Ramakrishnan v. ASP Poonnam E Keling & Ors [2025] CLJU 759

In the development of law on the interpretation of statute, 'mischief rule' is considered as a canon of interpretation. Although rarely used, much of the “mischief” can be discerned in the preamble of the statute. In Re Application Of Tan Boon Liat v. Menteri Hal Ehwal Dalam Negeri, Malaysia & Ors [1976] CLJU 126; [1976] 1 LNS 126; [1976] 2 MLJ 83, Abdoolcader J said that: “The preamble undoubtedly throws light on the intent and design of the enacting authority and indicates the scope and purpose of the legislation itself but it should not be read as a part of a particular section of that written law.” Be that as it may, s. 15 of the Interpretation Acts 1948 and 1967 now provides that the preamble shall be construed and have effect as if it were a part of the Act. In addition to the usage of preambles, Gopal Sri Ram JCA (as His Lordship then was) in Citibank Bhd v. Mohamad Khalid Farzalur Rahaman & Ors [2000] 3 CLJ 739 stated that the courts have in recent years extended the rule beyond the common law position at the time of the passing of an Act to include “the whole state of the law at the time an Act was passed to see the mischief it sought to cure.” Consequently, the mischief rule has been extended and is nowadays known as a purposive approach. - Per Che Mohd Ruzima Ghazali JCA in Intisari Mulia Engineering Sdn Bhd v. Tuv Sud (Malaysia) Sdn Bhd & Another Appeal [2025] 5 CLJ 46

UPDATED
( as of 05 June 2025)

ACT 505
Administration of Islamic Law (Federal Territories) Act 1993
ACT 371
Registration of Pharmacists Act 1951 (Revised 1989)
ACT 342
Prevention and Control of Infectious Diseases Act 1988
SWK. CAP. 76 (1958 ED.)
Labour Ordinance Sarawak
SABAH CAP. 67
Labour Ordinance

REVOKED
(as of 29 May 2025)

PU(A) 233/2009
Universiti Malaysia Terengganu (Discipline of Students) Rules 2009
PU(A) 473/1999
Universiti Teknologi Malaysia (Discipline of Students) Rules 1999
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

PRINCIPAL

ACT 867
Government Service Efficiency Commitment Act 2025
ACT 866
Online Safety Act 2025
ACT 864
Data Sharing Act 2025
ACT 863
Measures For The Collection, Administration And Enforcement Of Tax Act 2024
ACT 862
Finance Act 2024

AMENDING

ACT A1765
Tunku Abdul Rahman Foundation Fund (Amendment) Act 2025
ACT A1764
Fire Services (Amendment) Act 2025
ACT A1763
Supplementary Supply (2024) Act 2025
ACT A1762
Bernama (Amendment) Act 2025
ACT A1761
Anti-Money Laundering, Anti-Terrorism Financing And Proceeds Of Unlawful Activities (Amendment) Act 2025

PUA

PU(A) 168/2025
Port Kelang Authority (Scale Of Rates, Dues And Charges) (Amendment) By-Laws 2025
PU(A) 167/2025
Customs (Amendment) (No. 3) Regulations 2025
PU(A) 166/2025
Federal Territory (Planning) (Fee For Purchase Of Kuala Lumpur Local Plan 2040) Rules 2025
PU(A) 165/2025
Service Tax (Imposition Of Tax For Taxable Service In Respect Of Designated Areas Excluding Pulau 1 And Special Areas) (Amendment) Order 2025
PU(A) 164/2025
Price Control And Anti-Profiteering (Price Marking Of Price-Controlled Goods) (No. 4) Order 2025

PUB

PU(B) 216/2025
Notice Under Section 70
PU(B) 215/2025
Appointment Of Chairman Of A Division Of The Industrial Court
PU(B) 214/2025
Notice To Third Parties
PU(B) 213/2025
Notice Of Extension Of Time Period For Making Preliminary Determination
PU(B) 212/2025
Appointment Of Notaries Public

BILLS, etc.

LEGAL NEWS

ARTICLE HIGHLIGHTS

A NOTE TO OURSELVES: ENHANCING THE JUDICIAL APPOINTMENT PROCESS IN MALAYSIA
by Teoh Shu Yee*

INTRODUCTION

A recent topic that has drawn significant national attention is the speech delivered in Malta by the Right Honourable Chief Justice of Malaysia, Tun Tengku Maimun binti Tuan Mat (the Chief Justice), who was invited to speak on the subject of judicial independence and parliamentary sovereignty.^[1] The Chief Justice rightly highlighted the pressing issue of amending current laws to ensure that judicial appointments are insulated from political control, particularly from the Prime Minister in this country. The main concern is that the Judiciary is the most important institution in the country, responsible for ensuring that the executive, Parliament, or any other party does not exceed legal limits, since only the Judiciary has the authority to decide issues and ensure the rule of law is upheld.^[2] It serves as an important note to ourselves to pay close attention to the independence of the Judiciary as this reflects the health of the judicial system.

AMENDMENT OF THE LAW TO THE EVIDENCE OF A CHILD WITNESS: AN ANALYSIS
by Habibah Omar*

INTRODUCTION

Child evidence has always been viewed with scepticism. The recent amendment to the law regarding child evidence in Malaysia aims to empower children by acknowledging their competency to testify and giving greater weight to their testimony in court.

The Evidence of Child Witness Act 2007 ('ECWA 2007') (Act 676) was recently amended and became effective on 3 March 2025.^[1] This Act has become the principal Act governing child evidence in Malaysia. The amendment to the EWCA 2007 has resulted in simultaneous amendments to the Evidence Act 1950 ('EA 1950') (Act 56) and the Sexual Offences Against Children Act 2017 ('SOACA 2017') (Act 792), which concern the involvement of children as witnesses. This paper aims to analyse the effect of the change in the law on a child's evidence, particularly on the issues of child competency and the requirement of corroboration.

'EMPOWERING THE NEXT GENERATION OF LEGAL LEADERS IN MALAYSIA'^*
by YAA Dato' Sri Hasnah Binti Dato' Mohammed Hashim Chief Judge Malaya

Salutations

Distinguished guests, ladies and gentlemen,
Assalamualaikum warahmatullahi wabarakatuh and a very good morning.

Introduction

[1] I would like to extend my sincere thanks to the Legal & Business Academy of Malaysia (LBAM) for the kind invitation to speak at the Young Lawyers Forum 2025. It is truly an honour to address you all today. I also wish to convey my heartfelt congratulations to LBAM for its commendable efforts in organising this forum for the very first time - a significant and laudable initiative for the legal fraternity.

[2] The theme of this forum, 'Empowering The Next Generation of Legal Leaders in Malaysia', underscores the vital importance of nurturing leadership within the legal fraternity. Preparing future legal practitioners with the knowledge, skills, and mindset needed to navigate emerging challenges is essential to ensuring the continued strength, relevance, and integrity of our profession.

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.

CASE HIGHLIGHTS

e-Judgment Today

LATEST FC/CA

JUDICIAL QUOTES

LEGISLATION UPDATES

LEGAL NEWS

ARTICLE HIGHLIGHTS

GLOBAL NEWS

Quick Links

Resource Centre

BULLETINS

CLJ ESSENTIAL PLUS