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COVID-19:  Controlled Movement With Undue Haste

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Part 4 of a series of articles on the COVID-19 pandemic. As the COVID-19 pandemic continues to wreak havoc around the world, the nationwide Movement Control Order (“MCO”) implemented by the Malaysian government since 18 March 2020 has posed Malaysia with the serious conundrum of choosing between life or livelihood. While the restriction of movement [...]
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COVID-19: One Step Forward, Two Steps Back

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Part 3 of a series of articles on the COVID-19 pandemic. The COVID-19 pandemic is without a doubt stress-testing all institutions nationally and globally, and many are struggling to cope, let alone perform effectively in this unprecedented crisis. Despite the World Health Organisation recently projecting that the number of COVID-19 cases in Malaysia is expected [...]
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COVID-19: A Superior Force?

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Part 2 of a series of articles on the COVID-19 pandemic. In order to curb the spread of COVID-19 pandemic, the government has recently decided to implement a nationwide Restriction of Movement Order (“RMO”) pursuant to the Prevention and Control of Infectious Diseases Act 1988 with effect from 18 March 2020 to 31 March 2020, [...]
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COVID-19: An Unprecedented Crisis

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Part 1 of a series of articles on the COVID-19 pandemic. As the saying goes, desperate times breed desperate measures. In view of the worsening situation regarding the COVID-19 pandemic in Malaysia, the Prime Minister, in his special message to all Malaysians on 16 March 2020, announced that the Government had decided to implement a [...]
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Be You Never So High: Public Misfeasance and the Prime Minister

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Federal Court rules that the Prime Minister is a “public officer” for purposes of tort of public misfeasance. In a parliamentary democracy modelled after the Westminster system, Parliament is democratically elected by the people. Parliament then entrusts power to the public officers, for instance, the Prime Minister and members of the Cabinet to execute governmental [...]
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The Problem with Perpetuity

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A missed opportunity to clarify an important aspect of contract law. It is often said that the only certain things in life are death and taxes. To that, one might be forgiven for suggesting that another certainty is that nothing is forever, although diamond lovers may beg to differ. Most modern legal relationships are not [...]
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A Recipe for Confusion

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Federal Court conflates concepts of "lifting" and "piercing" of corporate veil. In a previous article titled "Piercing the Corporate Veil" (12 June 2013), we highlighted the landmark decision of Prest v Petrodel Resources Ltd & Ors [2013] UKSC 34 in which the UK Supreme Court authoritatively clarified when the corporate veil can be pierced. The state of uncertainty [...]
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When Equity Acts in Vain

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Federal Court imposes meaningless "remedial" constructive trust. The recent decision of the Federal Court in RHB Bank Berhad v Travelsight (M) Sdn Bhd & 3 Ors & Another Appeal (Civil Appeal No. 02(f)-36-07/2013 (W), 20 November 2014.) appears to be yet another instance of the recent worrying trend in which the apex court has struggled to deal [...]