by Judy Lim Pek Eng | Nov 21, 2023 | Legal Summaries
In the event an individual dies intestate, namely without a Last Will and Testament, the Distribution Act 1958 (“DA 1958”) dictates how and to whom the deceased’s estate will be distributed. The first order of business would be to identify whether...
by Judy Lim Pek Eng | Oct 4, 2023 | Legal Summaries
We recently had the opportunity to clarify the procedure to join an additional party to a counterclaim. A counterclaim against an additional party is governed by Order 15 Rule 3 of the Rules of Court 2012. The first step would be to “add that person’s name to...
by Judy Lim Pek Eng | Sep 6, 2023 | Legal Summaries
Awarded pursuant to Section 11 of the Civil Law Act 1956 The section provides that: “In any proceedings tried in any Court for the recovery of any debt or damages, the Court may, if it thinks fit, order that there shall be included in the sum for which judgment is...
by Judy Lim Pek Eng | Aug 2, 2023 | Legal Summaries
1. Employers have the prerogative to place employees on PIP In Exxonmobil Exploration and Production Malaysia Inc. v Menteri Sumber Manusia & Ors [2019] MLJU 614, per Azizah Nawawi J (now JCA): “The Claimant was to be placed on the PIP, which is the management...
by Judy Lim Pek Eng | Jun 6, 2023 | Legal Summaries
If a Judgment Debtor intends to oppose a Bankruptcy Notice, the correct procedure is to file an Affidavit on An Application to Set Aside Bankruptcy Notice (Afidavit Atas Permohonan Membatalkan Notis Kebankrapan) pursuant to Rule 93 of the Insolvency Rules 2017. The...
by Judy Lim Pek Eng | May 17, 2023 | Legal Summaries
For constructive dismissal cases, it would amount to a waiver of the purported breach if an employee does not leave his/her employment within a reasonable time (or appropriate point in time[1]) after an employer’s purported breach of the employment contract. Support...
