October 26, 2019
A missed opportunity to clarify an important aspect of contract law. It is often said that the only certain things in life [...]
May 26, 2015
First dedicated textbook on the Malaysian law of restitution and unjust enrichment authored by Weng. The Law of Restitution and Unjust [...]
March 9, 2015
Federal Court adopts Civilian "absence of basis" approach to determine whether enrichment "unjust". In Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd [1943] [...]
December 23, 2014
Federal Court conflates concepts of "lifting" and "piercing" of corporate veil. In a previous article titled "Piercing the Corporate Veil" (12 June 2013), [...]
December 5, 2014
Federal Court imposes meaningless "remedial" constructive trust. The recent decision of the Federal Court in RHB Bank Berhad v Travelsight (M) Sdn Bhd [...]
October 29, 2014
UK Supreme Court clarifies scope of illegality defence. The defence of illegality is a defence which is well-known to lawyers and which [...]
July 18, 2014
UK Supreme Court holds that bribes and secret benefits are held on constructive trust. In the well-known case of Attorney-General for [...]
June 18, 2014
Federal Court rules unchallenged affidavit evidence insufficient to prove damages. What is the legal position if a plaintiff who applies [...]
April 30, 2014
Article on PECD Berhad (In Liquidation) v AmTrustee Berhad published in King's Law Journal. Dr. Liew Ying Khai, lecturer in the [...]
March 13, 2014
Landmark decision of the Federal Court on section 66 of the Contracts Act 1950. The Federal Court has in its recent [...]
February 22, 2014
Federal Court gives important judgment affecting corporate trustees and parties to trust deeds. Introduction The decision of the Federal Court in [...]
February 21, 2014
UK Supreme Court clarifies who is a "constructive trustee" for the purposes of limitation periods. The UK Supreme Court in [...]
February 9, 2014
Federal Court rules that contractual stipulation that damages not adequate remedy not binding on courts. It is well-established that a party [...]
November 26, 2013
Federal Court rules that damages may be granted as a remedy in section 181 oppression petitions. Section 181 of the Companies [...]
November 4, 2013
Federal Court clarifies commercial contracts unlikely to give rise to fiduciary relationships. Parties to sophisticated commercial agreements, which are often arrived [...]
October 30, 2013
Federal Court upholds Quistclose trust in favour of corporate trustee. The imposition of trusts of a proprietary nature in a purely [...]
October 9, 2013
Court of Appeal affirms there is no free standing contractual duty of good faith. "The commercial world bases its transactions [...]
September 30, 2013
Court of Appeal rules that constructive trust may be imposed to reverse unjust enrichment. In Westdeutsche Landesbank Girozentrale v Islington London Borough [...]
September 20, 2013
Federal Court considers effect of suspension of contracts by mutual agreement. The recent landmark decision of the Federal Court in Yong Toi [...]
August 26, 2013
Federal Court allows contract-breaker to benefit from its own wrong? In the recent decision of Ritz Garden Hotel (Cameron Highlands) Sdn Bhd v [...]
August 15, 2013
Confusion as to application of section 71 of the Contracts Act 1950 In the recent case of Inch Kenneth Kajang Rubber Public [...]
July 24, 2013
Comments sent to the Companies Commission of Malaysia. The Companies Commission of Malaysia has issued a Consultation Document on the Proposed [...]
July 11, 2013
Privy Council affirms and clarifies doctrine of contractual estoppel. Almost every legal instrument which has had the fortune (or misfortune) [...]
June 20, 2013
Privy Council rules tort of malicious prosecution extends to civil proceedings. It is a regrettable but unavoidable incident of civil litigation [...]
June 12, 2013
UK Supreme Court authoritatively clarifies when corporate veil can be pierced. There are two inter-related general principles of company law [...]
June 11, 2013
Federal Court clarifies scope of the jurisdiction to review its own decisions (yet again). In the recent case of Dato' See [...]
May 22, 2013
When the means to an end create more problems than they solve. The Court of Appeal in the recent decision [...]
May 8, 2013
Federal Court rules breach of shareholders' agreement does not amount to minority oppression. It is a common practice for commercial [...]
April 5, 2013
Federal Court formulates the wrong test for total failure of consideration. Twice. Consider the following scenario: A, a famous Elvis impersonator, [...]
March 8, 2013
Federal Court rules litigants no longer allowed to move litigation at their own pace. In the recent landmark decision of Syed Omar bin [...]
