Author: nickvooi

Hwa Chea Lin & Anor v Malim Jaya (Melaka) Sdn Bhd [1996] 4 MLJ 544 HC: "In Malaysia, the terminology of fundamental breach, which is a concept of the common law, though not in exact term terms has become a creature of statute (see Choo Yin Loo v Visuvalingam Pillay (1930) 7 FMSLR 135). The … Continue reading Hwa Chea Lin & Anor v Malim Jaya (Melaka) Sdn Bhd [1996] 4 MLJ 544 HC →

“I offer this word of encouragement: Life is much like going to the gym. The most painful part is deciding to go. Once you get past that, it’s easy. There have been many days I have dreaded going to the gym, but once I am there and in motion, it is a pleasure. After the … Continue reading QOTD →

Damansara Realty Bhd v Bungsar Hill Holdings Sdn Bhd & Anor [2011] 6 MLJ 464 FC: [67] A passage from Civil Remedies in Malaysia may make the point clearer where the learned author states the following at p 14: It has been explained that '[a] contract is a contract from the time it is made, … Continue reading Damansara Realty Bhd v Bungsar Hill Holdings Sdn Bhd & Anor [2011] 6 MLJ 464 FC →

Development & Commercial Bank Berhad v. Aspatra Corporation Sdn. Bhd. & Anor. [1996] 1 CLJ 141 FC: "A person cannot approbate and reprobate, so that if a person becomes aware of an irregularity of service and then subsequently takes a further step in the action which could be only useful if the service had been … Continue reading Development & Commercial Bank Berhad v. Aspatra Corporation Sdn. Bhd. & Anor. [1996] 1 CLJ 141 FC →

KELANA MEGAH DEVELOPMENT SDN BHD v. KERAJAAN NEGERI JOHOR & ANOTHER APPEAL [2016] 8 CLJ 804: "[21] Reference in this connection may be made to the case of Bato Bagi & Ors v. Kerajaan Negeri Sarawak & Another Appeal [2011] 8 CLJ 766; [2011] 6 MLJ 297. In that case, the Federal Court cited with … Continue reading KELANA MEGAH DEVELOPMENT SDN BHD v. KERAJAAN NEGERI JOHOR & ANOTHER APPEAL [2016] 8 CLJ 804 →

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