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February 22, 2014September 16, 2019Uncategorized

Lessons from the Pesaka Litigation

Federal Court gives important judgment affecting corporate trustees and parties to trust deeds.   Introduction The decision of the Federal Court in [...]
February 21, 2014September 16, 2019Uncategorized

Constructive Trustees and Limitation Periods

UK Supreme Court clarifies who is a "constructive trustee" for the purposes of limitation periods.     The UK Supreme Court in [...]
February 9, 2014September 16, 2019Uncategorized

Inadequacy of Damages: A Moral Hazard

Federal Court rules that contractual stipulation that damages not adequate remedy not binding on courts.   It is well-established that a party [...]
November 26, 2013September 16, 2019Uncategorized

Damages for Oppression: an Illusory Remedy?

Federal Court rules that damages may be granted as a remedy in section 181 oppression petitions.   Section 181 of the Companies [...]
November 4, 2013September 16, 2019Uncategorized

Commercial Contracts and Fiduciary Relationships

Federal Court clarifies commercial contracts unlikely to give rise to fiduciary relationships.   Parties to sophisticated commercial agreements, which are often arrived [...]
October 30, 2013September 16, 2019Uncategorized

Quistclose Trusts: Primacy of Purpose?

Federal Court upholds Quistclose trust in favour of corporate trustee.   The imposition of trusts of a proprietary nature in a purely [...]
October 9, 2013September 16, 2019Uncategorized

The Myth of Good Faith

Court of Appeal affirms there is no free standing contractual duty of good faith.     "The commercial world bases its transactions [...]
September 30, 2013September 16, 2019Uncategorized

Constructive Trusts and Unjust Enrichment: In Search of Principle

Court of Appeal rules that constructive trust may be imposed to reverse unjust enrichment.   In Westdeutsche Landesbank Girozentrale v Islington London Borough [...]
September 20, 2013September 16, 2019Uncategorized

Suspend At Your Own Risk

Federal Court considers effect of suspension of contracts by mutual agreement.   The recent landmark decision of the Federal Court in Yong Toi [...]
August 26, 2013September 16, 2019Uncategorized

When Time Is Not Money

Federal Court allows contract-breaker to benefit from its own wrong? In the recent decision of Ritz Garden Hotel (Cameron Highlands) Sdn Bhd v [...]

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Recent Posts

  • The Problem with Perpetuity October 26, 2019
  • The Law of Restitution and Unjust Enrichment in Malaysia May 26, 2015
  • Absence of Basis: Challenges for the Malaysian Law of Unjust Enrichment March 9, 2015
  • A Recipe for Confusion December 23, 2014
  • When Equity Acts in Vain December 5, 2014
  • A Question of Turpitude October 29, 2014
  • Bribes, Secret Commissions and Mr. Mahesan July 18, 2014
  • Ask And Ye Shall Not Receive June 18, 2014
  • The Quistclose Doctrine: Resurrection of the Primary Trust? April 30, 2014
  • Restitution of Benefits Conferred Under Void Contracts March 13, 2014
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