Author: nickvooi

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 →

“The point I would like to make is that investments come and go. The market goes up and comes down. Economies improve and crash. The world is always handing you opportunities of a lifetime, every day of your life, but all too often we fail to see them. But they are there. And the more … Continue reading QOTD →

China Airlines Ltd. v. Maltran Air Corp. Sdn. Bhd. & Another Appeal [1996] 3 CLJ 163 FC: “... It is a settled principle of law that in an appeal, where facts have to be reviewed, it is undesirable that the findings of the Court below should be disturbed by a Court of appeal unless it appears … Continue reading China Airlines Ltd. v. Maltran Air Corp. Sdn. Bhd. & Another Appeal [1996] 3 CLJ 163 FC →

Lee Ing Chin @ Lee Teck Seng & Ors v  Gan Yook Chin & Anor [2003] 2 MLJ 97 CA: “... Suffice to say that we re-affirm the proposition that an appellate court will not, generally speaking, intervene unless the trial court is shown to be plainly wrong in arriving at its decision...”

Rohasassets Sdn Bhd (formerly known as Wisma Perkasa Sdn Bhd) v Weatherford (M) Sdn Bhd & Anor [2020] 1 MLJ 557 FC: “[94] Crucially, throughout the period of negotiation for renewal of the tenancies, the appellant accepted tenders of rent from the respondents without any complaint and did not issue any notice to quit, not … Continue reading Rohasassets Sdn Bhd (formerly known as Wisma Perkasa Sdn Bhd) v Weatherford (M) Sdn Bhd & Anor [2020] 1 MLJ 557 FC →

Rohasassets Sdn Bhd (formerly known as Wisma Perkasa Sdn Bhd) v Weatherford (M) Sdn Bhd & Anor [2020] 1 MLJ 557 FC: “[88] The legislative scheme of s 28(4) (a) of the Civil Law Act is clearly to give the landlord the right of option to charge double rent if the tenant fails or refuses to … Continue reading Rohasassets Sdn Bhd (formerly known as Wisma Perkasa Sdn Bhd) v Weatherford (M) Sdn Bhd & Anor [2020] 1 MLJ 557 FC →