Written by Lim Tse Hwei and Kam Sue Herng Ketua Pengarah Hasil Dalam Negeri v. Yayasan Buah Pinggang Kebangsaan Malaysia [2024] 6 CLJ 413 Held in the Court of Appeal (“COA”) whereby the date of…
Written by Lim Tse Hwei and Ashley Yip. Pemungut Duti Setem v Ann Joo Integrated Steel Sdn Bhd W-01(A)-227-04/2022 Held in the Court of Appeal (“COA”) whereby the date of judgment is 13th November…
Written by Lim Tse Hwei and Kam Sue Herng. Merimen Online Sdn Bhd v. Ketua Pengarah Hasil Dalam Negeri (KPHDN) [2024] MLJU 3334 Held in the Court of Appeal, Putrajaya whereby the date of judgement is…
The 2024 judgement of Lassana Diarra and FIFPRO v FIFA and URBSFA shocked the footballing world. The case concerns Lassana Diarra, an ex-French national footballer stint at Russian Football Club Lokomotiv Moscow (2013-2017). After one year, Lokomotiv Moscow terminated the contract due to alleged contractual breaches. Upon termination, Diarra sought to enter a new contract with other football clubs, but FIFA regulations effectively hamstrung him from joining a new club under the concept of ‘contractual stability’.
The recent decision by Sessions Court judge Sazlina Safie in the case of Yew See Tak v Luno Malaysia Sdn Bhd raises significant legal questions regarding the duty of care owed by cryptocurrency platforms to their users, particularly in the context of unauthorised transactions. This commentary will explore the legal principles underlying the judgment, the implications for financial service providers in the digital asset space, and the potential avenues for appeal.
Written by Richard Wee and Farah Aqila It is common practice in the United Kingdom construction industry to provide collateral warranties in favour of various categories of beneficiaries. The principles in the case of Abbey…
Written by Richard Wee and Sangitha Gnanaguru In the evolving world of digital currencies, where anonymity and transparency coexist, the United States District Court for the District of Columbia faces an intriguing case. At the…
Written by Richard Wee and Fatin Ismail In recent years, the usage of electronic communication has become more rampant especially in the process of contractual negotiations. This begs the question on the validity of emojis…
In this article, we write about the various types of injunction and what kind of ‘stop order’ each entails. In general, an interlocutory injunction is usually sought for and granted when there is an urgency to the matter. This can be obtained ex parte which means ‘by one party’.
A bank is where customers deposit their money for safekeeping. As such, a bank, since its inception has always been regarded as a guardian of its customers’ monies. It therefore is quite natural that a bank owes a duty of care towards its customers. Accordingly, in performing its duties, a bank ought to exercise reasonable care and skill as such. However, recent developments in Malaysian jurisprudence have resulted in a limitation of this duty of care to customers only.