“Shariah-Compliant” Investment — When a Beautiful Structure Turns Out to Be a Trap
Ahmad Syafiq & Anor v EAS Management PLT & Ors [2025] MLJU 4286 There was an exclusive webinar. The slides looked highly professional. They were filled with impressive Islamic finance terminology — Shariah-compliant, Tawarruq, LLP, RPS-i. Everything appeared structured, organised, and convincing. But before the High Court, the entire “decorative structure” eventually unraveled. What was […]
From Termination to a RM600,000 Judgment
Ng Ze Xuan v Tan Sing How & Ors [2025] MLJU 287 What happens when an internal company dispute no longer stays “internal”? In this case, a senior sales leader was dismissed in the afternoon. Within hours, the situation escalated. Messages began circulating widely. In a WeChat group with hundreds of members, during a Zoom […]
“The Company Took the Loan, I’m Just the Guarantor…” — Are You Really Safe?
United Overseas Bank (M) Bhd v Tan Chong Whatt & Anor [2025] 3 MLJ 161 This is something we often hear when signing a loan agreement. At that time, the business is thriving, the bank says it’s just a “standard procedure,” and everything looks neat and under control. So when asked to sign a personal […]
RM200,000 Lost Because of One Sentence
ThiruChelvasegaram a/l Manickavasegar v Mahadevi a/p Nadchatiram There is a common misconception: many people think that once something is written in an official document, it is automatically safe. The assumption is that if the sentence is drafted by a lawyer, stated in a letter of demand, or included in court papers, it becomes “immune” from […]
The Price of Playing Dirty with Someone Else’s Money: Not Even a Single Cent Is Yours to Keep
MAHMOOD OOYUB v LI CHEE LOONG & OTHER [2020] 6 MLJ 755 In business and investment, this scenario has become almost normal — someone holds another person’s money “just for a while.” Supposedly to ease the process, to wait for things to settle, or “let me keep it first.” It sounds harmless. But in reality, […]
Title Deeds Cancelled — When the System Fails, Who Pays the Price?
BIG Industrial Gas Sdn Bhd v Pan Wijaya Property Sdn Bhd and another appeal [2018] 3 MLJ 326 When a person finally sees their name on a land title, with the official seal issued and the Land Office records complete, there is usually a strong sense of relief. In most people’s minds, that is the […]
Valid Grant Cancelled — Who Bears the Loss?
PENDAFTAR HAKMILIK PEJABAT TANAH DAN GALIAN SELANGOR & ANOR v LAU YONG YING [2020] MLJU 259. When your name appears on the title, most people breathe a sigh of relief. It feels like the finish line. In your mind, the deal is done, the property is secure, and nothing can touch it anymore. The title […]
When the Wrong Party is Named — Who is Actually Responsible?
MADHI INDRAN A/L SINNAYYA v SBS TOTAL LOGISTICS MALAYSIA SDN BHD (TRANSWAYS LOGISTICS (M) SDN BHD, THIRD PARTY) [2023] MLJU 1139. In business and logistics, when something goes wrong, the first reaction is usually very simple. Find the nearest person and blame them. Who handled the goods. Who did the delivery. Who touched it last. […]
Liquidated Damages Are Not Automatic — But No Proof of Loss is Needed
MARWIYA BT MISWAN v DEDE RESOURCES SDN BHD [2025] MLJU 2805 Liquidated damages clauses often create confusion once a breach happens. Some assume that once the clause exists, the stated amount can be claimed straight away without question. Others are just as confident that without proof of actual loss, the claim must fail. Both assumptions […]
When a House is Delayed — When the Right to Claim is Thought to Have Expired
OBATA-AMBAK HOLDINGS SDN BHD v PREMA BONANZA SDN BHD AND OTHER APPEALS [2024] MLJU 1902. Many home buyers think the same way. If the house is delayed, they assume they can claim later. Some believe they should wait until the Certificate of Fitness is issued before taking action. Others think they should wait for the […]