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“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 →

Wong Swee Chin V Public Prosecutor [1981] MLJ 212, 214 (FC) per Raja Azlan Shah CJ (Malaya): But, except on purely scientific issues, expert evidence is to be used by the court for the purpose of assisting rather than compelling the formulation of the ultimate judgments. In the ultimate analysis it is the tribunal of … Continue reading Wong Swee Chin V Public Prosecutor [1981] MLJ 212 FC →

Renofac Builder (M) Sdn. Bhd. v Chase Perdana Berhad [2000] MLJU 752 HC: The nagging question to pose would be this: was the Statement of Claim as framed and in its present form defective as alleged by the defendant? In my judgment, all the material facts have not been pleaded and an omission to state … Continue reading Renofac Builder (M) Sdn. Bhd. v Chase Perdana Berhad [2000] MLJU 752 HC →

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 →