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...
Termination of Contract on the Ground of National Interest The termination of a contract on grounds of national interest is a powerful legal tool enabling governments or designated authorities to end or modify agreements when the welfare of the public or the...
Challenges to Anti-Money Laundering Legislation and Burden of Proof for Money Laundering Offences under The Anti-Money Laundering, Anti-Terrorism Financing, and Proceeds of Unlawful Activities Act 2001 Introduction The Anti-Money Laundering, Anti-Terrorism Financing,...
CAN A BORROWER ESCAPE REPAYMENT OF AN OUTSTANDING LOAN IF THE BANK BREACHES THE LOAN AGREEMENT OR FACILITY AGREEMENT? INTRODUCTION Can a borrower escape repayment of an outstanding loan if the bank breaches the loan agreement or facility agreement? This issue was...
The Federal Court in Tan Lay Peng (in her capacity as the administratrix of the estate of Tan Leong Huat) v. RHB Bank Berhad had unanimously reaffirmed that the “contract test” is the proper standard for evaluating claims of constructive dismissal.[1] ...
