Author: nickvooi

Cheah Theam Kheng v City Centre Sdn Bhd (in liquidation) and other appeals [2012] 1 MLJ 761 CA: "[105] We categorically say that the liquidator cannot blow hot and cold to suit him whenever he feels like it. He cannot approbate and reprobate in the same breath. On the one hand, he claims that the … Continue reading Cheah Theam Kheng v City Centre Sdn Bhd (in liquidation) and other appeals [2012] 1 MLJ 761 CA →

“Engineers can determine the cause of a bridge collapse because there’s agreement that if a certain amount of force is applied to a certain area, that area will break. Physics isn’t controversial. It’s guided by laws. Finance is different. It’s guided by people’s behaviors. And how I behave might make sense to me but look … Continue reading QOTD →

Karthiyayani v Lee Liong Sin [1975] 1 MLJ 119 at p 120D-F: If a witness is independent, ie, if he has no interest in the success or failure of a case and his evidence inspires confidence of the court, such evidence can be acted upon. A witness is normally to be considered independent unless he … Continue reading Karthiyayani v Lee Liong Sin [1975] 1 MLJ 119 →

“Yet if you look at the way humans are designed to learn, we learn by making mistakes. We learn to walk by falling down. If we never fell down, we would never walk. The same is true for learning to ride a bike. I still have scars on my knees, but today I can ride … Continue reading QOTD →

Browne v Dunn (1893) 6 R 67 (HL): To my mind nothing would be more absolutely unjust then not to cross examine witnesses upon evidence which they have given so as to give them notice, and to give them an opportunity of explanation and an opportunity very often to defend their own character

Barry v Butlin 2 Moo PC 480: The rules of law according to which cases of this nature are to be decided do not admit of any dispute so far as they are necessary to the determination of the present appeal, and they have been acquiesced in on both sides. These rules are two: The … Continue reading Barry v Butlin 2 Moo PC 480 →

Dr Shanmuganathan v Periasamy [1997] 3 MLJ 61: We consider it to be a well established general guide to the judicial appreciation of handwriting evidence that where there is a sharp conflict between the direct testimony of a disinterested witness on the one side and that of a handwriting expert on the other as to … Continue reading Dr Shanmuganathan v Periasamy [1997] 3 MLJ 61 →

Re Ban Hong Co Ltd [1959] 1 MLJ 100: “It is well settled law that a winding-up petition is not to be used as machinery to try a common law action, and that the presentation of a petition for winding up simply with a view to enforcing payment of a disputed debt is an abuse … Continue reading Re Ban Hong Co Ltd [1959] 1 MLJ 100 →

“People do some crazy things with money. But no one is crazy.” Excerpt FromThe Psychology of Money: Timeless Lessons on Wealth, Greed, and HappinessMorgan HouselThis material may be protected by copyright.

Jurupakat Sdn Bhd v Kumpulan Good Earth (1973) Sdn Bhd [1988] 3 MLJ 49: “It is common ground that there is no judgment debt in the present case. The question for the court to consider is whether the petitioner is a creditor and the respondent is a debtor. A creditor is a person who could … Continue reading Jurupakat Sdn Bhd v Kumpulan Good Earth (1973) Sdn Bhd [1988] 3 MLJ 49 →