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The Doctrine of Frustration in Contract Law: A Summary
The doctrine of frustration provides a legal escape hatch for parties to a contract when, through no fault of their own, a supervening event makes the performance of the contract impossible, unlawful, or radically different from what was originally agreed upon. It is a narrow doctrine, applied sparingly to release parties from their contractual obligations … Continue reading The Doctrine of Frustration in Contract Law: A Summary
YEONG AH CHEE @ YAN HON WAH v. LEE CHONG HAI & ANOR. AND 13 OTHER APPEALS [1994] 3 CLJ 20 SC, PEH SWEE CHIN SCJ
YEONG AH CHEE @ YAN HON WAH v. LEE CHONG HAI & ANOR. AND 13 OTHER APPEALS [1994] 3 CLJ 20 SC, PEH SWEE CHIN SCJ: It is an old and well-settled rule of equity that under a valid contract for sale of land, the beneficial ownership of the land passes to the purchaser who … Continue reading YEONG AH CHEE @ YAN HON WAH v. LEE CHONG HAI & ANOR. AND 13 OTHER APPEALS [1994] 3 CLJ 20 SC, PEH SWEE CHIN SCJ
Re Cyril Sharpe [1992] FCA 616
Re Cyril Sharpe [1992] FCA 616, per Drummond J in the Federal Court of Australia: The taking of an account is only appropriate once it has been established that the parties involved are in an accounting relationship with each other, that it, only once it has been established that one party is liable to pay … Continue reading Re Cyril Sharpe [1992] FCA 616
Baboo Janokey Doss v Damoder Das [1843] Moore Ind App 175
In Baboo Janokey Doss v Damoder Das [1843] Moore Ind App 175, Dr Lushington of the Privy Council ruled: Again, it must be remembered that the decree cannot stand unless it be first clearly proved that the appellants are, if anything should be found due to the respondents arising from the acts and dealings of … Continue reading Baboo Janokey Doss v Damoder Das [1843] Moore Ind App 175
Alcatel-Lucent (M) Sdn Bhd (formerly known as Alcatel Network Systems (M) Sdn Bhd) v Solid Investments Ltd and another appeal [2012) 4 MLJ 72 CA
Alcatel-Lucent (M) Sdn Bhd (formerly known as Alcatel Network Systems (M) Sdn Bhd) v Solid Investments Ltd and another appeal [2012) 4 MLJ 72 CA: [27] The remedy of account is personal against the accounting party and does not create any trust or equitable interest in the property. In the present case, the appellant is … Continue reading Alcatel-Lucent (M) Sdn Bhd (formerly known as Alcatel Network Systems (M) Sdn Bhd) v Solid Investments Ltd and another appeal [2012) 4 MLJ 72 CA
Lifting the corporate veil
On lifting the corporate veil, Professor Gower in his Principles of Modern Company Law, (7th Ed), under the heading 'Interests of Justice' says the followings: Although the interests of justice may provide the policy impetus for creating exceptions to the doctrines of separate legal personality and limited liability, as an exception in itself it suffers … Continue reading Lifting the corporate veil
Tenaga Nasional Bhd v Irham Niaga Sdn Bhd [2011] 1 MLJ 752 CA
Tenaga Nasional Bhd v Irham Niaga Sdn Bhd [2011] 1 MLJ 752 CA per Abdul Malik Ishak JCA: You cannot simply raise the, veil of incorporation just because you feel that it is in the interest of justice. But if there is fraud, then the veil of incorporation may be lifted. But here, there was … Continue reading Tenaga Nasional Bhd v Irham Niaga Sdn Bhd [2011] 1 MLJ 752 CA
Law Kam Loy v Boltex Sdn Bhd[2005] 3 CLJ 355
Law Kam Loy v Boltex Sdn Bhd[2005] 3 CLJ 355 per Gopal Sri Ram JCA (as His Lordship then was): In my judgment, in the light of the more recent authorities such as Adams v Cape Industries Plc, it is not open to the courts to disregard the corporate veil purely on the ground that … Continue reading Law Kam Loy v Boltex Sdn Bhd[2005] 3 CLJ 355