Forgot/Reset Password

 
  • CASE(S) HIGHLIGHT

  • LIM CHOON SENG v. LIM POH KWEE
    FEDERAL COURT, PUTRAJAYA
    AZAHAR MOHAMED CJ (MALAYA); ROHANA YUSUF FCJ; ABANG ISKANDAR FCJ;
    NALLINI PATHMANATHAN FCJ; ABDUL RAHMAN SEBLI FCJ
    [CIVIL APPEAL NO: 02(F)-16-03-2019(J)]
    29 JULY 2020
    [2020] CLJ JT(6)

    The Court of Appeal herein cannot in law effectively reverse the separate orders of the High Court made in separate but similar proceedings dealing with separate defendants when what the appellate court had before it was only a single appeal lodged as a test case by one of the defendants, and not separate appeals lodged by the defendants separately. The mere existence of an agreement between the defendants to be bound by the decision in the test case cannot in law exempt the other defendants from lodging their own notices of appeal against the High Court decision, what more when there was no order or direction by the High Court to consolidate the suits or treat them as one proceeding; to each his own liability.

    Read more




  • PP v. TENGKU ADNAN TENGKU MANSOR
    FEDERAL COURT, PUTRAJAYA
    NALLINI PATHMANATHAN FCJ; VERNON ONG LAM KIAT FCJ; ABDUL RAHMAN SEBLI FCJ
    [CRIMINAL APPEAL NO: 05(L)-18-02-2020(W)]
    17 JULY 2020

    The guilty plea of a co-accused in a joint trial cannot be used as evidence to the detriment of the other co-accused who did not plead guilty. Criminal justice guarantees the fair trial of the remaining co-accused and demands that the facts pertaining to the charge be adduced and proven afresh against him. The presiding judge hearing the joint trial must thus consider the case against the latter separately and independently, and decide the same based on the set of evidence against him. The other co-accused, by not pleading guilty, has a sacrosanct right to be heard and to defend himself.

    Read more




  • JUDICIAL QUOTES

  • “The concept of secret trust, which is part of the law of trust and is governed by the rules of equity and the common law of England, is applicable in Malaysia subject to the proviso to s. 3(1) of the Civil Law Act 1956 unless there is an explicit abrogation, variation, restriction or modification by written law.”

    “The concept is statutorily applicable in Malaysia; what is apparent is that the Malaysian Wills Act 1959 or other statutes or Acts of Parliament do not explicitly abrogate the application of secret trust. The proviso to s. 3(1)(a) of the Civil Law Act 1956 too does not exclude the applicability of the law on trust and secret trust. This is because the court upholds secret trust to prevent fraud on a testator and the rules of equity are applied to compel the trustee under a will to fulfil his promises to the testator.”

    “In our considered view, there is no cogent reason to 'abrogate' secret trust in Malaysia. There are circumstances in which a testator creates 'secret trust' to facilitate the intention to provide for certain parties.” – per Mohd Zawawi Salleh FCJ in Chin Jhin Thien & Anor v. Chin Huat Yean & Anor [2020] 7 CLJ 137




  • ARTICLE HIGHLIGHT

    Publishers Are Taking the Internet to Court

    In a lawsuit against the Internet Archive, the largest corporations in publishing want to change what it means to own a book.
    When Covid-19 struck, hundreds of millions of students were suddenly stranded at home without access to teachers or libraries. UNESCO reported that in April, 90 percent of the world’s enrolled students had been adversely affected by the pandemic. In response, the Internet Archive’s Open Library announced the National Emergency Library, a temporary program suspending limits on the number of patrons who could borrow its digital books simultaneously.

    Judgment




  • Bedford Row Capital launches first sukuk for UK property market

    UK 
    Islamic finance 
    First Sukuk launched for UK property market
    Bedford Row Capital (BRC) has issued a USD50 million, three year sukuk to finance the expansion of P1 Capital Ltd, (P1) a UK boutique asset-management group focusing on asset backed investments in the UK property sector. All investments are secured on UK property by legal charges, debentures and corporate/personal warranties. P1 carries out rigorous due diligence on all projects to protect investments and actively monitors performance throughout the lifecycle of projects.

    Read more




  • Landslide: homeowner wins claim dispute after boulder fall

    AUSTRALIA
    Insurance
    Homeowner wins six-figure payout
    A homeowner has been awarded substantial compensation after a boulder collapsed from a sandstone rockface at the back of his house, causing damage to the property. Westpac, which insured the man, had offered a goodwill payment of $5000 and two weeks accommodation but the Australian Financial Complaints Authority (AFCA) ruled it should accept the man’s claim and make a payout of around six figures.

    Judgment




  • You break the law if you hide mental health problems, workers told

    Employment
    Legal action can be taken against employees who conceal mental health issues
    The Malaysian Mental Health Association has advised workers with mental health problems to disclose their condition to their employers even if they risk being discriminated against. The organisation’s president, Dr Andrew Mohanraj, warned that employers could take legal action against them for concealing their ailment.

    Read more




  • Staff meeting turns ugly at MaxRaft: Worker chased out of office by boss wins $50k

    NEW ZEALAND
    Employment
    More than NZ$50k awarded to worker wrongfully let go
    More than $50,000 has been awarded to a Queenstown man for unfair dismissal after he was chased out of the building by a company director. Nigel Ede was wrongfully let go by insulation firm MAXRaft after a disagreement in a staff meeting turned ugly, David Beck of the New Zealand Employment Relations Authority found.

    Read more




LATEST MALAYSIAN ACTS

LATEST MALAYSIAN BILLS

LEGISLATION ALERT

  • Latest Updated (23 September 2020)
  • PU(A) 57/2002
    Income Tax (Exemption) (No. 9) Order 2002
    PU(A) 355/2016
    Income Tax (Automatic Exchange of Financial Account Information) Rules 2016
    PU(A) 20/2018
    Labuan Business Activity Tax (Automatic Exchange of Financial Account Information) Regulations 2018
    PU(A) 488/1986
    Printing of Qur’anic Texts Regulations 1986
  • Latest Revoked (18 September 2020)
  • PU(A) 97/2020
    Motor Vehicles (Exemption) Rules 2020
    PU(A) 248/1998
    Rubber Industry (Replanting) Fund (Cess on Rubber Sold to Manufacturers) Order 1998





Secured By Global Sign