… we also remind ourselves that where there is a conflict of evidence on affidavits, it would not be proper for us to believe one side and disbelieve the other. Such conflict should be resolved at the trial as it is not our function to try to resolve conflicts of evidence on affidavits at this … Continue reading Hasil Bumi Perumahan Sdn Bhd & Ors v United Malayan Banking Corp Bhd [1994] 1 MLJ 312 SC
Author: nickvooi
Lai Yoke Ngan & Anor v. Chin Teck Kwee & Anor [1997] 2 MLJ 565 FC
A defence on the merits means merely raising only an arguable or triable issue, eg contributory negligence in a running down case in White ~ Weston [1968] 2 QB 647. A judgment in default is not a judgment on the merits: L Oppenheim & Co v Mahomed Haneef [1922] 1 AC 482 Lai Yoke Ngan … Continue reading Lai Yoke Ngan & Anor v. Chin Teck Kwee & Anor [1997] 2 MLJ 565 FC
Goh Teng Whoo & Anor v. Ample Objectives Sdn Bhd [2021] 4 CLJ 348 FC
[32] Thus, if there is evidence that the defendant has not been served with the document, the presumption is rebutted and the court will make a finding that there has been no service of the document in an application for setting aside. It is anathema to the concept of justice and fair play that a defendant who has … Continue reading Goh Teng Whoo & Anor v. Ample Objectives Sdn Bhd [2021] 4 CLJ 348 FC
Happy Chinese New Year 2024
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QOTD
“In German, we have a saying: Wenn schon, denn schon. Roughly translated, it means “If you’re going to do something, DO IT. ” Excerpt FromBe Useful: Seven Tools for LifeArnold SchwarzeneggerThis material may be protected by copyright.
QOTD
"That which isn't good for the hive, isn't good for the bee" Marcus Aurelius
QOTD
You got a moral obligation to read. That people die to get you the right to read… Am I going to dishonour their deaths by not reading? George Raveling
QOTD
“I think people get old when they stop thinking about the future. If you want to find someone’s true age, listen to them. If they talk about the past and they talk about all the things that happened that they did, they’ve gotten old. If they think about their dreams, their aspirations, what they’re still … Continue reading QOTD
Happy Merdeka day 2023
Happy Merdeka Day 2023! Attribute: Image by Freepik
QOTD
“It is also important to note that Dialectical Behaviour Therapy (DBT) is not a passive modality. It requires conscious thought and action on a daily basis. One tactic that I’ve found especially helpful is called opposite action—that is, if I feel like doing one thing (generally, not a helpful or positive thing), I’ll force myself … Continue reading QOTD
