An Advocate – A Chef, not a Waiter
“Live like a hermit and work like a horse”. This is the route to success at the Bar. These were the haunting words of advice to new advocates by the first Attorney General of India, Motilal Setalvad. Too extreme, the Gen Y or Z may say, but there were little options to success in the […]
Advocating the Art of Persuasion
There was an interesting attempt recently to snooker me into admitting that I impose my views on others. I refuted the claim and foiled that attempt! Attractively crafted cajolery perhaps? As lawyers we are trained in the art of persuasion. We are not taught to persuade. It is a natural instinct of every individual acquired […]
Unfair Dismissal : Prohibition Against Reliance On Post-Dismissal Reasons
The relationship between employers and employees are symbiotic and dynamic. In the ordinary course, both would work together for the benefit and improvement of each other. Nonetheless, more often than not, employers may dismiss the employees from service because of various reasons. If this happens, the employees then have a right to bring the dismissal […]
Show Cause Notice Under The Pain of Penal Sanctions – The Paradox of Order 52 Rule 2B Finally Resolved
The uncertainty of whether a formal notice to show cause is a sine qua non to an application for leave to issue committal proceedings against a putative contemnor has recently been put to rest by the Federal Court Tan Poh Lee v Tan Boon Thien [2022] 2 CLJ 719. The requirement to show cause, in […]
Battle of The Acts in Pending Bankruptcy Proceedings
A bankruptcy proceeding is often utilized by creditors to compel a Judgment Debtor (JD) to settle his outstanding debts. Whilst it is not an enforcement procedure, it is however an effective tool to compel a Judgment Debtor (JD) to take steps to settle his indebtedness at the risk of being declared a bankrupt where all […]
When Does A Bankruptcy Action Commence?
The answer is seemingly obvious but, analogies apart, the authoritative determination of this issue is yet to be settled. In the recent Court of Appeal decision of Liew Hon Kong v Bank Pertanian Malaysia Bhd [2022] 1 MLJ 836, the Court equated the issuance of the bankruptcy notice (“BN”) to that of a Writ. The […]
Critique – Government’s Right to Sue for Defamation
“Government of the people, by the people, for the people, shall not perish from the earth”. These renowned words of President Abraham Lincoln during the American Civil War are the hallmark of modern democracy. However, more often than not, many governments after being voted into power do not reach the expectations of their citizens in […]
Back-to-Basics : Enforcement of Foreign Judgement in Malaysia
REJA-1958-Procedures-Infographic-1.pdf What is a Foreign Judgment? A court judgment obtained outside Malaysian jurisdiction whereby it can be registered in Malaysia for purposes of enforcement. Is There a Specific Statute For This? Yes. It is the Reciprocal Enforcement of Judgments Act (“REJA”) 1958. What Are The Countries Listed in REJA 1958? United Kingdom Hong […]
Protection Against Unfair Exclusion Clauses : A Shield Against a Drafter’s Sword
What are “Exclusion Clauses”? The infamous case of L’Estrange v Graucob [1934] 2 KB 394 clarifies that individuals are bound by what they sign until and unless it is proven that there was fraud, misrepresentation, or mistake. This is in line with the doctrine of laissez-faire that promotes the freedom for parties to negotiate contractual […]
Harassment : The Plague of Modern Society
It is safe to say that Malaysia finally saw the light at the end of the tunnel when the Dewan Rakyat passed the much-debated Anti-Sexual Harassment Bill on 20 July 2022. This was a huge victory for many especially non-governmental organizations like the All Women’s Action Society (AWAM) who have been pushing for the tabling […]