The Problem with Perpetuity
A missed opportunity to clarify an important aspect of contract law. It is often said that the only certain things in life [...]
Category: Uncategorized
The Law of Restitution and Unjust Enrichment in Malaysia
First dedicated textbook on the Malaysian law of restitution and unjust enrichment authored by Weng. The Law of Restitution and Unjust [...]
Absence of Basis: Challenges for the Malaysian Law of Unjust Enrichment
Federal Court adopts Civilian "absence of basis" approach to determine whether enrichment "unjust". In Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd [1943] [...]
A Recipe for Confusion
Federal Court conflates concepts of "lifting" and "piercing" of corporate veil. In a previous article titled "Piercing the Corporate Veil" (12 June 2013), [...]
When Equity Acts in Vain
Federal Court imposes meaningless "remedial" constructive trust. The recent decision of the Federal Court in RHB Bank Berhad v Travelsight (M) Sdn Bhd [...]
A Question of Turpitude
UK Supreme Court clarifies scope of illegality defence. The defence of illegality is a defence which is well-known to lawyers and which [...]
Bribes, Secret Commissions and Mr. Mahesan
UK Supreme Court holds that bribes and secret benefits are held on constructive trust. In the well-known case of Attorney-General for [...]
Ask And Ye Shall Not Receive
Federal Court rules unchallenged affidavit evidence insufficient to prove damages. What is the legal position if a plaintiff who applies [...]
The Quistclose Doctrine: Resurrection of the Primary Trust?
Article on PECD Berhad (In Liquidation) v AmTrustee Berhad published in King's Law Journal. Dr. Liew Ying Khai, lecturer in the [...]
Restitution of Benefits Conferred Under Void Contracts
Landmark decision of the Federal Court on section 66 of the Contracts Act 1950. The Federal Court has in its recent [...]