Case Laws 2/5

Holland and Another v Hodgson and Another [1872] LR 7 CP 328

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May 14, 20213 min read

Holland and Another v Hodgson and Another [1872] LR 7 CP 328

This case laid down the principle to distinguish between fixtures and chattels Facts of the Case George Mason, who was the owner of a...

Goh Teng Whoo & Anor v Ample Objectives Sdn Bhd

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Apr 2, 20219 min read

Goh Teng Whoo & Anor v Ample Objectives Sdn Bhd

The Federal Court had ruled on 5 March 2021 that AR card confirming the defendant’s receipt needs to be exhibited to obtain a JID against...

McCurry Restaurant (KL) Sdn Bhd v McDonalds Corporation [2009] 3 MLJ 774

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Mar 16, 20215 min read

McCurry Restaurant (KL) Sdn Bhd v McDonalds Corporation [2009] 3 MLJ 774

This is a case where the fast food giant McDonald’s sued a small Indian restaurant and loses the legal battle on the exclusivity to use...

Rohasassets Sdn Bhd v Weatherford (M) Sdn Bhd & Anor [2020] 1 CLJ 638

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Feb 28, 20218 min read

Rohasassets Sdn Bhd v Weatherford (M) Sdn Bhd & Anor [2020] 1 CLJ 638

Landlord can claim double rent from the tenant upon the expiry of the notice to quit if the tenant failed to deliver vacant possession....

Foo Fio Na v Dr Soo Fook Mun & Anor [2007] 1 CLJ 229

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Feb 3, 20216 min read

Foo Fio Na v Dr Soo Fook Mun & Anor [2007] 1 CLJ 229

The Federal Court in this case had rejected the Bolam test and applied Roger v Whitaker. Note: The test in Rogers v. Whitaker followed by...

Maria Chin Abdullah v Ketua Pengarah Imigresen & Anor

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Jan 28, 202117 min read

Maria Chin Abdullah v Ketua Pengarah Imigresen & Anor

The Federal Court in this case deals with the constitutionality of section 59 and 59A of the Immigration Act 1959/63. Facts of the Case...

PJD Regency Sdn Bhd v Tribunal Tuntutan Pembeli Rumah & Anor and Other Appeals [2021] 1 LNS 9

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Jan 21, 202115 min read

PJD Regency Sdn Bhd v Tribunal Tuntutan Pembeli Rumah & Anor and Other Appeals [2021] 1 LNS 9

This is a summary of the Federal Court judgment dated 19 January 2021. It is now settled law that the date for calculation of liquidated...

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Jan 5, 20214 min read

Rogers v Whitaker [1992] 175 CLR 479

This case rejected the Bolam Test to be applied on the duty and standard of care of a medical practitioner in providing advice to a...

Bolam v Friern Hospital Management Committee [1957] 1 WLR 582

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Dec 30, 20205 min read

Bolam v Friern Hospital Management Committee [1957] 1 WLR 582

This case established the Bolam test which is the basic rule for professional negligence. See also Rogers v Whitaker [1992] 175 CLR 479...

University of London Press, Limited v University Tutorial Press, Limited [1916] 2 Ch 601

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Dec 17, 20205 min read

University of London Press, Limited v University Tutorial Press, Limited [1916] 2 Ch 601

This is a landmark case which define the phase “literary work" and the concept of “originality of ideas” Facts of the Case The University...

Mat v Public Prosecutor [1963] 1 MLJ 283

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Dec 9, 20201 min read

Mat v Public Prosecutor [1963] 1 MLJ 283

The Court held that in a criminal trial, the burden of proof lies on the prosecution to prove the accused’s guilt. The accused is...

Perwira Affin Bank Bhd v Lim Ah Hee [2004] 2 CLJ 787

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Dec 8, 20204 min read

Perwira Affin Bank Bhd v Lim Ah Hee [2004] 2 CLJ 787

The Federal Court held that arrears of interest are recoverable up to six years after date of judgment in a bankruptcy proceeding. Facts...

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