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Vooi & Yee | Law Firm | Commissioner For Oaths @ Johor Bahru, Malaysia

Advocates & Solicitors | Peguambela & Peguamcara | Commissioner For Oaths | Pesuruhjaya Sumpah | Lawyer | @ Johor Bahru, Malaysia | Legal Firm

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Quote of the day

Posted on 23/06/202210/02/2022 by nickvooi in Uncategorized

"Death is more universal than life; everyone dies but not everyone lives." - Andrew Sachs

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Quote of the day

Posted on 22/06/202210/02/2022 by nickvooi in Uncategorized

"When love and skill work together, expect a masterpiece." - John Ruski

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Quote of the day

Posted on 21/06/202227/01/2022 by nickvooi in Uncategorized

“To render a transaction as being unfair and unconscionable there must be some evidence of victimisation or taking advantage of another's weakness or of actual or constructive fraud or other circumstances that will lead the court to come to that conclusion. But as I said earlier, no such circumstances have been shown here by the … Continue reading Quote of the day →

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Quote of the day

Posted on 20/06/202227/01/2022 by nickvooi in Uncategorized

“In order that a party may free himself from complying with an agreement he had entered into, he must show that the bargain or some of its terms was unfair and unconscionable. It is not enough to show that, in the eyes of the court, it was unreasonable. A bargain cannot be unfair and unconscionable … Continue reading Quote of the day →

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Quote of the day

Posted on 19/06/202227/01/2022 by nickvooi in Uncategorized

"… that every man should be held to his bargain if there is a concluded agreement and the terms are clear. It is implicit from what the appellant has himself stated in his affidavit, that the sufficiency of 30 days notice was on his mind when he signed the agreement He was therefore fully aware … Continue reading Quote of the day →

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Quote of the day

Posted on 18/06/202227/01/2022 by nickvooi in Uncategorized

"In deciding whether the parties have reached an agreement, the law looks for an offer by one party and an acceptance to the terms and conditions of that offer by the other. There would be bargaining process leading up ultimately to an agreement or meeting of the minds. This is the traditional method of analysis … Continue reading Quote of the day →

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Quote of the day

Posted on 17/06/202227/01/2022 by nickvooi in Uncategorized

“To constitute a valid contract there must be separate and definite parties thereto; those parties must be in agreement, that is there must be a consensus ad idem; those parties must intend to create legal relations in the sense that the promises of each side are to be enforceable simply because they are contractual promises … Continue reading Quote of the day →

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Quote of the day

Posted on 16/06/202227/01/2022 by nickvooi in Uncategorized

"… a party to a contract who, after having concluded his bargain, entertains doubts as to the wisdom of the transaction may be in the unfairly advantageous position to invent all sorts of imaginary terms upon which disagreement may be expressed when the more formal document is being prepared in order to escape from his … Continue reading Quote of the day →

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Quote of the day

Posted on 15/06/202227/01/2022 by nickvooi in Uncategorized

"The law of contract is concerned with the mechanics involved in and the principles regulating the formation, performance, continuance and discharge of the parties individually created obligations. The essential elements of any contract are:

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Quote of the day

Posted on 14/06/202224/01/2022 by nickvooi in Uncategorized

"Let the punishment match the offence." Cicero

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  • The Law of Trespass to Land: Principles, Case Law, and Remedies
    In Malaysian land law, which is primarily governed by the National Land Code (NLC) 1965, the tort of trespass serves as a fundamental protection for those in possession of land. Unlike many other torts, trespass is actionable per se, meaning a claimant can succeed without proving actual damage to the property. 1. Definition and Foundation in Possession Trespass … Continue reading The Law of Trespass to Land: Principles, Case Law, and Remedies →
  • Navigating Third-Party Proceedings in Malaysian Civil Procedure
    Third-party proceedings are a vital procedural mechanism governed primarily by Order 16 of the Rules of Court 2012 (ROC 2012). These proceedings allow a defendant to bring a person who is not already a party into an existing action. The primary objects of this rule are to prevent a multiplicity of actions, enable the court to settle … Continue reading Navigating Third-Party Proceedings in Malaysian Civil Procedure →
  • Case Law Summary: Sime Darby Bhd & Ors v Dato’ Seri Ahmad Zubair @ Ahmad Zubir bin Hj Murshid & Ors (Tun Musa Hitam & Ors, third parties)
    Citation: [2012] 9 MLJ 464 HC Court: High Court (Kuala Lumpur) Judge: Lee Swee Seng JC Date of Judgment: 6 March 2012 1. Brief Background Facts The plaintiffs, a large multinational conglomerate, initiated two lawsuits (the Qatar Project suit and the Bakun Project suit) against their former keys directors and officers, including the first defendant (Dato’ Seri Ahmad Zubair, former President and Group CEO) … Continue reading Case Law Summary: Sime Darby Bhd & Ors v Dato’ Seri Ahmad Zubair @ Ahmad Zubir bin Hj Murshid & Ors (Tun Musa Hitam & Ors, third parties) →
  • Case Law Summary: Boustead Trading (1985) Sdn. Bhd. v. Arab-Malaysian Merchant Bank Berhad
    Citation: [1995] 4 CLJ 283 Court: Federal Court, Kuala Lumpur Judges: Dato’ Anuar Zainal Abidin CJ Malaya, Dato’ Wan Adnan Ismail FCJ, and Tuan Gopal Sri Ram JCA Date of Judgment: 13 September 1995 1. Brief Background Facts Chemitrade Sdn. Bhd. sold goods on credit to the appellant (Boustead Trading). To manage cash flow, Chemitrade entered into a factoring agreement (debt assignment) with the … Continue reading Case Law Summary: Boustead Trading (1985) Sdn. Bhd. v. Arab-Malaysian Merchant Bank Berhad →
  • Case Law Summary: Selvaduray v. Chinniah
    Citation: [1939] 1 MLRA 446 Court: Federal Court (Appellate Civil Jurisdiction, Selangor) Judges: Terrell AG CJ, McElwaine CJ (SS), and Gordon-Smith J Date of Judgment: 30 December 1938 1. Brief Background Facts The plaintiff (respondent) was a ledger clerk who sued his employer, the defendant (appellant), for $926 in unpaid wages. The plaintiff alleged that he had been hired at a salary of $30 … Continue reading Case Law Summary: Selvaduray v. Chinniah →

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