Q: What is an offer to settle? A: The common law origin of offer to settle is known as the “Calderbank offer”, named after the case of #Calderbank v Calderbank. An offer to settle occurs when a party offer an out of…
Month: February 2022
CASE UPDATE: Peguam Negara Malaysia v. Mkini Dotcom Sdn Bhd & Anor [2021] 2 MLJ 652
Issue: Whether an online platform provider is liable for third party comments which are offensive even though they had no knowledge of the same until notified and where the impugned comments were then promptly removed? Judgment: The majority of the…
E-Lelong System
E-Lelong system is an online public auction system in Malaysia that conducts public auction of immovable property for foreclosure proceedings in court where bidders can bid from anywhere without having to appear in court. Through e-lelong system, the descriptions of…
4 Things To Know In Dealing with Inter-Floor Leakage
What is inter-floor leakage? Regulation 55 of the Strata Management (Maintenance and Management) Regulations 2015 (‘Regulations 2015’) defined “inter-floor leakage” as any evidence of dampness, moisture or water penetration on the ceiling or any furnishing material that is attached, glued, laid or…
CASE UPDATE: PJD Regency Sdn Bhd v Tribunal Tuntutan Pembeli Rumah & Anor and other appeals [2021] 2 MLJ
Issues Whether the date for calculation of liquidated agreed damages (‘LAD’) begins from the date of payment of the booking fee/deposit/initial fee or the date of the sale and purchase agreement. Whether computation of LAD for the completion of common…
CASE UPDATE: Wonderful Compound Sdn Bhd v. Man Plug Industries Sdn Bhd [2021] 1 LNS 470
Issue When does the cause of action accrued? Judgment Cause of action is defined by Lord Wsher in Read v. Brown [1889] 22 QBD 128 as “the entire set of facts that gives rise to an enforceable claim; the phrase comprises every fact which,…
[Member] Small Claims Procedure
Small Claims Procedure is an alternate manner of resolving disputes which allows any individual to commence a legal suit. As pointed out by the court in Wee Nai Li v Sarawak Bank Employees Union (2012) LNS 872, the purpose of…
[Member] CASE UPDATE: Bludream City Development Sdn Bhd v Kong Thye & 184 others and 5 other appeals
Issues Whether the Federal Court Decision in Ang Ming Lee & Ors v Menteri Kesejahteraan Bandar, Perumahan dan Kerajaan Tempatan & Anor and other appeals [2020] 1 MLJ 281 applicable to the present facts. Whether the Minister is empowered to grant…
Koperal Zainal bin Mohd Ali & Ors v Selvi a/l Narayan (joint administrator and dependant of Chandran a/l Perumal, deceased & Anor) [2021] 3 MLJ
Introduction Article 5(1) of Part II of the Federal Constitution (‘FC’) recognised the fundamental right of life of the people by providing that no one shall be deprived of his life or personal liberty including detainee save in accordance with law.…
Rights of Employees who tested positive for Covid-19
What rights does an employee have if he is required to be put under quarantine? For employee who has been received quarantine order issued by the medical authority after tested positive for COVID-19 under under Section 15 (1) of the Prevention…