top of page
Case Laws
JX GOH
Jul 26, 20245 min read
Government Of The State Of Negeri Sembilan v Yap Chong Lan & Ors. & Another Case [1984] 1 CLJ (Rep) 144
No land can be acquired by possession, unlawful occupation or occupation under any license. Facts of the Case The respondents used to...
33 views0 comments
JX GOH
Apr 24, 20232 min read
The Royal British Bank v Turquand (1856) 6 El and Bl 327
Turquand’s rule also known as the indoor management rule originates from this case. Facts of the Case The plaintiff (the Royal British...
2,694 views0 comments
JX GOH
Aug 14, 20229 min read
Cubic Electronics Sdn Bhd v Mars Telecommunications Sdn Bhd [2019] 2 MLRA 83
The Federal Court in this case resolved the issue relating to forfeiture of deposit paid in a sale and purchase agreement in relation to...
1,187 views0 comments
JX GOH
Apr 17, 20222 min read
Macaura v Northern Assurance Co Ltd [1925] AC 619
A company is a separate legal entity. Its shareholders and creditors do not own the company’s assets. Facts of the Case Mr Macaura (the...
1,088 views0 comments
JX GOH
Mar 17, 20223 min read
Sidek Bin Haji Muhamad & 461 Ors v The Government of the State of Perak & Ors [1982] 1 MLJ 313
Leading case on squatter’s rights in Malaysia Facts of the Case In 1950, the Appellants came to Teluk Intan, Perak and open up a large...
1,371 views0 comments
JX GOH
Nov 28, 20217 min read
Mohd Fariq Subramaniam v Naza Motor Trading Sdn Bhd [1998] 6 MLJ 193
The High Court in this case recognised the concept of economic duress. Facts of the Case The defendant held 50 taxi permits for operation...
728 views0 comments
JX GOH
Sep 5, 20214 min read
Aron Salomon v A. Salomon & Co Ltd [1897] AC 22
This is a UK landmark case on the doctrine of corporate personality which gives a company a legal distinct entity from its shareholders....
350 views0 comments
JX GOH
Jul 13, 20213 min read
Segar Restu (M) Sdn Bhd v Wong Kai Chuan & Anor [1994] 4 CLJ 757
The High Court granted the plaintiff’s application for a summary judgment in an action for trespass and awarded damages even though...
694 views0 comments
JX GOH
Jul 7, 20216 min read
Bun Fui Min & Anor v Seliang ak Tuah [2010] 9 MLJ 707
The High Court dismissed the appeal and refused to invoke Order 1A to overlook appellants' failure to serve the notice of appeal within...
184 views0 comments
JX GOH
Jun 23, 20215 min read
Tay Seng Yong v Heng Shu Hui & Anor [2020] 1 LNS 54
The High Court held that a purchaser who has paid the full purchase price of a property has the equivalent privilege of a legal owner...
1,689 views0 comments
JX GOH
Jun 9, 20214 min read
MIFF Sdn Bhd v Kuala Lumpur & Selangor Furniture Entrepreneur Association and Ors [2010] MLJU 1216
The Court held that descriptive wordings of common and geographical reference are public source which all traders in the business can use...
168 views0 comments
JX GOH
May 30, 202110 min read
Thay Chee Huat & Anor v Yeng Chong Realty Bhd [2021] 5 CLJ 127
The High Court held that when the fundamental terms of a contract had been breached, the party not in default can allow the party in...
739 views0 comments
JX GOH
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...
96 views0 comments
JX GOH
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...
466 views0 comments
JX GOH
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...
3,308 views0 comments
JX GOH
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....
1,187 views0 comments
JX GOH
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...
1,737 views0 comments
JX GOH
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...
235 views0 comments
JX GOH
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...
318 views0 comments
JX GOH
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...
878 views0 comments
JX GOH
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...
483 views0 comments
JX GOH
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...
194 views0 comments
JX GOH
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...
132 views0 comments
JX GOH
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...
375 views0 comments
JX GOH
Nov 27, 20204 min read
Anton Piller KG v Manufacturing Processes Ltd and Others [1976] Ch. 55
This is the case which established the Anton Piller order. Facts of the Case The appellant (Anton Piller KG) is a German Manufacturers of...
3,350 views0 comments
JX GOH
Nov 25, 20205 min read
Woolmington v DPP [1935] AC 462
This is a landmark case which held that in a criminal trial, the prosecution has the burden to prove his case beyond reasonable doubt....
587 views0 comments
JX GOH
Nov 19, 20207 min read
Teh Bee v K Maruthamuthu [1977] 2 MLJ 7
This is a landmark case which emphasize the importance of the registration of a land title. Facts of the Case The appellant (Teh Bee) was...
5,326 views0 comments
JX GOH
Nov 17, 20202 min read
Penerbit Fajar Bakti Sdn bhd v Cahaya Surya Buku Dan Alat Tulis [1989] 1 MLJ 386
This case illustrates that a compilation, a collection or an anthology of literary works are literary works protected by the copyright...
390 views0 comments
JX GOH
Nov 16, 20207 min read
Southville City Sdn Bhd v Noranisah Mohamed Hisa & Anor and Another Case [2019] 1 LNS 750
The High Court held that the calculation for liquidated damages for late delivery of vacant possession begins from the date of payment of...
206 views0 comments
JX GOH
Nov 11, 20202 min read
Redland Tiles Ltd & Ors v Kua Hong Brick Tile Works [1966] 2 MLJ 62
This case illustrate that the Court applied the visual test to determine whether there is an infringement of a registered design. Facts...
99 views0 comments
JX GOH
Nov 10, 20202 min read
Doreen Tan Ying Ying v Chong Tet On [1986] 1 MLJ 504
In this case, the Court held that the Development Corporation was not permitted to sell a parking bay independently of an apartment....
172 views0 comments
JX GOH
Nov 9, 20204 min read
American Cyanamid Co. v Ethicon Ltd. [1975] AC 396
This case established the test required to be satisfied before an interlocutory injunction is granted. Facts of the Case The Appellant...
453 views0 comments
JX GOH
Nov 4, 20206 min read
Tan Ying Hong v Tan Sian San & Ors [2010] 2 MLJ 1
This case had remedied the interest of all registered proprietors by overruling the decision of Adorna Properties Sdn Bhd v Boonsom...
878 views0 comments
JX GOH
Nov 3, 20206 min read
Adorna Properties Sdn Bhd v Boonsom Boonyanit @ Sun Yok Eng [2001] 1 MLJ 241
This case held that section 240(1) of the National Land Code confers an immediate indefeasible title or interest in land upon...
2,889 views0 comments
JX GOH
Oct 30, 20204 min read
Bernstein of Leigh (Baron) v Skyviews & General Ltd. [1978] QB 479
This is a landmark case on the rights of an owner in the air space above his land. Facts of the Case The plaintiff, Sidney Lewis...
4,106 views0 comments
JX GOH
Oct 29, 20203 min read
Chin Nam Bee Development Sdn Bhd v Tai Kim Choo & Ors [1988] 2 MLJ 117
The Court held that the definition of “coercion” under section 73 should be given its ordinary and general meaning. Facts of the Case The...
2,707 views0 comments
JX GOH
Oct 27, 202010 min read
Saw Gaik Beow v Cheong Yew Weng & Ors [1989] 3 MLJ 301
This case illustrates the situation where the first defendant had failed to prove that the he was under plaintiff’s undue influence....
1,840 views0 comments
JX GOH
Oct 21, 20206 min read
Mayban Finance Bhd v Liew Ek Chiu & Ors [1998] 1 CLJ 56
This case illustrates the situation where the wife failed to prove that undue influence has been exerted by her husband as alleged. Facts...
1,119 views0 comments
JX GOH
Oct 15, 20205 min read
Wong Hon Leong David v Noorazman bin Adnan (1995) 3 MLJ 283
This case illustrates that an exchange of mutual promises although it is executory consideration, is a good consideration. Facts of the...
1,716 views0 comments
JX GOH
Oct 12, 20205 min read
Brogden v Metropolitan Railway Company (1877) 2 App.Cas. 666
This case established that a contract can be accepted by the conduct of the parties. Facts of the Case The Appellants (Brogden & Co.)...
526 views0 comments
JX GOH
Oct 7, 202013 min read
Innab Salil & Ors v Verve Suites Mont Kiara Management Corporation [2020] 10 CLJ 285
This is a summary of the Federal Court judgment dated 5 October 2020 which holds management corporations of a residential strata building...
573 views0 comments
JX GOH
Oct 5, 20202 min read
Adams v Lindsell (1818) 106 ER 250
This case established the rule for acceptance of an offer in postal rule. Facts of the Case The plaintiffs were woollen manufacturers...
355 views0 comments
JX GOH
Oct 3, 20202 min read
Felthouse v Bindley [1862] 142 ER 1037
This is a leading case which illustrate the principle that silence cannot amount to acceptance. Facts of the Case The plaintiff,...
64 views0 comments
JX GOH
Sep 2, 20205 min read
Melewar Leisure Sdn Bhd v Danaharta Managers Sdn Bhd [2010] 6 MLJ 317
This is a Court of Appeal case which illustrate the situation where the defendant failed to raise any triable issues to dismiss the...
124 views0 comments
JX GOH
Aug 18, 20207 min read
Loganathan Maniam v Murphy Sarawak Oil Co Ltd [2020] 2 ILR 275
This is a case regarding a dismissal of an employee because of misconduct in the workplace. Facts of the Case The claimant had been...
1,721 views0 comments
JX GOH
Aug 11, 20202 min read
Peguam Negara Malaysia v. Mkini Dotcom Sdn Bhd & Anor [2020] 1 LNS 338
This is the summary for the grounds of judgment for Malaysiakini’s application to set aside the contempt proceedings relates to comments...
251 views0 comments
JX GOH
Aug 3, 20203 min read
Entores Ltd v Miles Far East Corporation [1955] 2 All ER 493
This is a Common law case on the rule of instantaneous communications in Contracts. Facts of the Case The plaintiffs, Entores Ltd are a...
497 views0 comments
JX GOH
Jul 11, 20205 min read
Government of Malaysia v Gurcharan Singh & Ors [1971] 1 MLJ 211
This is a case on the capacity of an infant to contract Facts of the Case The plaintiff (Government of Malaysia) entered into an...
2,099 views0 comments
JX GOH
Jul 6, 20203 min read
Partridge v Crittenden [1968] 2 All ER 421
This is a case on whether an advertisement in a newspaper constitutes an offer. Facts of the Case The appellant (Partridge) inserted an...
129 views0 comments
JX GOH
Jul 2, 20202 min read
Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953] 1 All ER 482
This is a case which upheld the legal concept of an invitation to treat. Facts of the Case The defendants carried business in the retail...
50 views0 comments
bottom of page