Introduction The Federal Court in CIMB Bank Berhad v Sebang Gemilang Sdn Bhd(1) reaffirmed the established position in Malaysian law regarding breaches of trust, following the earlier decision in CIMB Bank Bhd v Maybank Trustees Bhd(2). In Maybank Trustees Bhd, the...
Introduction In Zulhasnimar Hasan Basri v Dr Kuppu Velumani P, the Federal Court examined the following question of law: "Whether the Bolam test or the test in the Australian case of Rogers v Whitaker [1993] 4 Med LR 79 in regard to the standard of care in medical...
Introduction This update examines the Federal Court's decision in Press Metal Sarawak Sdn Bhd v Etiqa Takaful Bhd.(1) This case restates the Malaysian courts’ position in respect of their intervention in arbitration. The Federal Court decision provides a useful...
Facts The appellants in Dynacast (Melaka) Sdn Bhd v Vision Cast Sdn Bhd(1) were part of Dynacast's group of companies (hereafter, "Dynacast Group") which were in the business of die casting components. In 1980, the second respondent, Mr Cheok, was employed by Dynacast...
Introduction Since the introduction of the Rules of Court 2012 and the decision in Asia Debut Sdn Bhd v Kementerian Pendidikan Malaysia, it has been perceived that there is a provision allowing one high court to transfer proceedings to another high court of coordinate...
Introduction Section 181 of the Companies Act 1956 provides statutory relief for an aggrieved member in cases of oppression. While courts are traditionally reluctant to interfere in a company's internal affairs, an aggrieved member may succeed if they can establish...
Introduction One of the issues which the Malaysian banking industry has faced is whether a bank can exercise its rights to sell land under an absolute assignment without first creating a charge over the land where title to the land has been issued. The courts have...