On the night of 9 January 2019, while walking along the beach in front of Mali-Mali Beach Resort, a coconut tree suddenly fell and struck the respondent, causing severe injuries that resulted in paraplegia. Another victim was killed in the same incident.
The appellant commenced an action against the respondent, the local authority for Langkawi established under the Local Government Act 1976 (‘the LGA 1976’), alleging negligence and breach of statutory duty under s 101 of the LGA.
This case highlights the effect of an unless order for discovery and whether a court is bound to enter a default judgment containing declaratory relief purely due to non-compliance with such an order. The Federal Court was required to determine whether declaratory relief may be granted without consideration of the merits or supporting evidence, and whether an unless order can operate in the same manner as a summary judgment or judgment in default, particularly in proceedings involving the government.
The appellant, alleged that the respondents were negligent in several respects, including failing to properly diagnose foetal distress, failing to ensure the availability of a paediatrician or neonatal specialist, failing to have proper systems in place for emergency referral, and delaying the transfer of the newborn to a hospital with neonatal intensive care facilities. It was contended that these failures collectively resulted in hypoxic injury, leading to cerebral palsy.
The United Nations Convention on International Settlement Agreements Resulting from Mediation, also known as the Singapore Convention on Mediation (‘the Convention’) was adopted by the United Nations General Assembly on 20 December 2018, and subsequently came into force on the 12 September 2020. Malaysia being a signatory of the Convention, is desirous of ratifying the convention and thereby becoming a Party to the Convention.
A case study on the Federal Court case of Lim Swee Choo & Chiam Eng Huat @ Chiam Eng Hong v Ong Koh Hou and another appeal.
Alternative dispute resolution (ADR) has been around for many years and as the name suggests has often been used as an alternative to traditional litigation.
By Richard Wee and Chu Kei Yuen Overview The Cyber Security Bill 2024 (“the Bill”) was passed by the Dewan Negara on 3 April 2024. The Bill aims to improve Malaysia’s cyber security by requiring…
Occupational safety and health are fundamental rights in any modern society. Every individual has the right to work in an environment free from hazards that could jeopardise their well-being. Hence, the Occupational Safety and Health Act 1994 in Malaysia plays a pivotal role in ensuring workplace safety and health, profoundly impacting both employers and employees alike.
Written by Richard Wee, Fatin Ismail and Tai Sher Lynn Can my employer stop me from entering into a contract with a competitor company due to a contractual clause? More often than not in contracts…
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’.
