Mutual Variation of Written Contract: Port Kelang Authority v Kuala Dimensi Sdn Bhd [2024] 1 MLJ 252 Background Facts In 1993, the Government of Malaysia initiated efforts to develop and transform Port Klang into a national load centre and transhipment hub through the...
Position of Fixed-Term Contract Employment: Muhammad Fawaid Daud v Airod Sdn Bhd [2024] MELRU 836 & A Gilbert D’Cruz v Sapuraacergy Sdn Bhd & Anor [2021] MLJU 2010 Fixed-term employment contracts in Malaysia are agreements that specify a set duration of...
Rights to Inspect Documents by Directors: Principles in Low Ean Nee v. SNE Marketing Sdn Bhd [2024] 1 MLJ 447 The Statutory Right for Inspection of a Director A director’s right to inspect a company’s records is a statutory right explicitly provided under Section 245...
NON-DELEGABLE DUTY OF CARE : IMPLICATIONS FROM SIOW CHING YEE V COLUMBIA ASIA SDN BHD [2024] 3 MLJ 66 Factual Background The Appellant, represented by his wife, suffered hypoxic brain damage after complications during emergency care at a hospital managed by the...
UNJUST ENRICHMENT AGAINST SANCTITY OF A CONTRACT : TAN CHONG INDUSTRIAL EQUIPMENT SDN BHD V TRANSNASIONAL EXPRESS SDN BHD & 6 ORS The principle of unjust enrichment ensures that no one is allowed to retain a benefit obtained at another’s expense without a...
Case Update: Bringing Oppression to Court on Equitable Considerations: Ho Sue San @ David Ho Sue San v Hovid Berhad & 2 Ors [2024] MLJU 1358 Introduction The case of Ho Sue San @ David Ho Sue San v Hovid Berhad & 2 Ors [2024] MLJU 1358 was an appeal brought to...
