Author: nickvooi

K.EP. Mohamed Ali v. K.E.P. Mohamed Ismail [1981] 1 MLJ 10 FC: As one of the objects of modern pleadings is to prevent surprise, we cannot for one moment think that the defendant was taken by surprise. To condemn a party on a ground of which no material facts have been pleaded may be as … Continue reading K.EP. Mohamed Ali v. K.E.P. Mohamed Ismail [1981] 1 MLJ 10 FC →

Koh Siak Poo v Sayang Plantation Bhd [2002] 1 MLJ 65: The authorities cited above made it clear that the parties must confine their case within the perimeter of their pleadings. I agree with the contention of the learned counsel for the appellant that the claim by the respondent was for the payment of RM633,000 … Continue reading Koh Siak Poo v Sayang Plantation Bhd [2002] 1 MLJ 65 CA →

QOTD: "We have been defeated. We are beaten, we have lost the battle." - Paul Reynaud 15 May, 1940

Akitek Tenggara Sdn Bhd v Mid Valley City Sdn Bhd [2007] 5 MLJ 697 FC: I think that clause 12 and all other clauses are to be read subject to an overriding condition or proviso that the party shall not take advantage of his own wrong, and therefore is estopped from alleging invalidity of which … Continue reading Akitek Tenggara Sdn Bhd v Mid Valley City Sdn Bhd [2007] 5 MLJ 697 FC →

“When I ask the classes I teach, “How many of you can cook a better hamburger than McDonald’s?” almost all the students raise their hands. I then ask, “So if most of you can cook a better hamburger, how come McDonald’s makes more money than you?”The answer is obvious: McDonald’s is excellent at business systems. … Continue reading QOTD →

Telekom Cellular Sdn Bhd (formerly known as MRCB Telecommunications Sdn Bhd) v Kabelect Sdn Bhd [2000] 3 MILJ 254 CA: It has always been the fundamental feature of our judicial system that the courts do only decide issues that are alive; not dead or those that have become hypothetical or only of academic importance. In … Continue reading Telekom Cellular Sdn Bhd (formerly known as MRCB Telecommunications Sdn Bhd) v Kabelect Sdn Bhd [2000] 3 MILJ 254 CA →

Yogananthy a/p AS Thambaiya v Harta Pusaka Iris bin Osman [2020] 5 MLJ 455 FC: [39] Therefore, the agreement dated 8 February 1988 was a sham. Both the High Court and the COA found the agreement to be repugnant and the refused to assist the appellant. Although the sham and public policy were not specifically … Continue reading Yogananthy a/p AS Thambaiya v Harta Pusaka Iris bin Osman [2020] 5 MLJ 455 FC →

Iftikar Ahmed Khan (as the executor of the estate for Sardar Mod Roshan Khan, deceased) v Perwira Affin Bank Bhd (previously known as Perwira Habib Bank Malaysia Bhd) [2018] 2 MLJ 292 FC: [36] The cases cited by both counsel to us clearly show that the law on the first question posed by the appellant … Continue reading Iftikar Ahmed Khan (as the executor of the estate for Sardar Mod Roshan Khan, deceased) v Perwira Affin Bank Bhd (previously known as Perwira Habib Bank Malaysia Bhd) [2018] 2 MLJ 292 FC →

BASKARAN MUNUSAMY v. FRESH TARGETS SDN BHD [2022] 1 ILR 470 "[57] The court needs to evaluate CLW2’s evidence carefully as there will be tendency of CLW2 to fabricate a version just to support the claimant’s case against the company. [58] The conduct of CLW2 giving evasive answers such as “Tak pasti” or “Saya tak … Continue reading BASKARAN MUNUSAMY v. FRESH TARGETS SDN BHD [2022] 1 ILR 470 →

“…financial success is not a hard science. It’s a soft skill, where how you behave is more important than what you know.” Excerpt FromThe Psychology of Money: Timeless Lessons on Wealth, Greed, and HappinessMorgan HouselThis material may be protected by copyright.