This was an application to stay all further proceedings for the taxation of costs ordered under the judgment of the Court dated 29 June 2012, pending the hearing and disposal of the petitioner’s appeal and the respondent’s cross appeal against the said judgment. The petitioner applied for an order …
In March 2012, the Construction Industry Payment and Adjudication Act 2012 (CIPAA) was passed, introducing the concept of statutory adjudication to the construction industry to resolve payment disputes. Further developments in the construction industry include a specialist court dedicated for the construction industry, which is currently in the works.
Prior to 29/12/06 the test for medical negligence accepted by the Courts in Malaysia was generally known as the Bolam Test or the Bolam Principle. This test was applied to determine the doctor’s standard of care in relation to the treatment and information given to the patient. However, the Federal Court on 29/12/06 in its judgment in the case of Foo Fio Na v Dr. Soo Fook Mun & Anor [2007] 1 MLJ 593 declared inter alia, that the Bolam Test is no longer applicable. The question of law which was posed for the determination of the Federal Court was whether the Bolam Test in the area of medical negligence should apply in relation to all aspects of medical negligence. The Federal Court answered the question in the negative.
The Malaysian Adoption Act 1952 does not address the citizenship of adopted children. As a result, the nationality of adopted children in Malaysia has been determined arbitrarily by the National Registration Department (NRD) in the exercise of its administrative function of registering orders granted by the Malaysian courts. By refusing citizenship to many adopted children, the NRD has forced aggrieved parents to subsequently apply to the Minister of Home Affairs for citizenship for their adopted children, which decision is discretionary and beyond judicial review.
The 25th LAWASIA Conference was held at the Westin Resort Nusa Dua, Bali from the…
MahWengKwai & Associates offers you a personalised will writing service. Our lawyers will answer your questions, advise you and help you to write your will to suit your circumstances and your wishes. If you so require, you may also deposit your original will with us for safe-keeping.
The Malaysian legislature has introduced a new Section 114A into the Evidence Act 1950. This amendment will significantly impact the law governing internet publications by persons in Malaysia, including news reporting, blogging and interactions in the social media. The amendment will allow the prosecution or a plaintiff to rely on a presumption of fact to prove the identity of the person responsible for an internet publication. Essentially, the internet user identified in the amendment is deemed to be the publisher of content, unless the user proves otherwise. The burden of proof has shifted.
The 26th Sultan Azlan Shah Law Lecture was delivered by Lord David Pannick, QC entitled “Scandalising the judiciary: criticism of judges and the law of contempt” on 5 September 2012 at the Mandarin Oriental Hotel to a crowd of approximately 1,000 people from the legal fraternity.
