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JAGDEEP KAUR UDHAM SINGH v. HALAL DEVELOPMENT CORPORATION BHD
INDUSTRIAL COURT, KUALA LUMPUR
NUR FAUZAH DATO MOKHTAR
AWARD NO. 980 OF 2025 [CASE NO: 11-4-2879-21]
19 JUNE 2025

An employer's unilateral transfer of an employee to a new position for which the employee lacks the necessary experience, skills, or job description, especially without prior discussion, constitutes a fundamental breach of the employment contract, including the implied term of mutual trust and confidence. Such a breach amounts to constructive dismissal, provided the employee leaves employment in response to the breach and without undue delay.

LIM KIEN HUAT v. HO SHEN LEE (M) SDN BHD (IN LIQUIDATION) & ORS
COURT OF APPEAL, PUTRAJAYA
CHE MOHD RUZIMA GHAZALI JCA; AZHAHARI KAMAL RAMLI JCA; EVROL MARIETTE PETERS JCA
[CIVIL APPEAL NO: B-02(A)-1132-07-2024]
22 DECEMBER 2025

Professional misconduct under the Legal Profession Act 1976 requires proof of personal culpability. A partner in a legal firm cannot be found guilty of misconduct merely based on vicarious liability for the acts of another partner or staff member. While they may share civil liability arising from partnership principles, it would be unreasonable to equate such liability with disciplinary guilt.

HASHIM ABDUL RAZAK & ORS v. PEMBINAAN PD JAYA SDN BHD (IN LIQUIDATION)
COURT OF APPEAL, PUTRAJAYA
MOHD NAZLAN GHAZALI JCA
ALWI ABDUL WAHAB JCA
SHAHNAZ SULAIMAN JCA
[CIVIL APPEAL NO: N-02(IM)(NCVC)-1761-10-2024]
15 DECEMBER 2025

The liquidation or bankruptcy of a party does not, by itself, render an arbitration agreement 'inoperative' or 'incapable of being performed', under s. 10 of the Arbitration Act 2005. If the underlying dispute concerns pre-insolvency contractual rights, rather than unique insolvency-specific remedies, the arbitration clause remains valid and binding.

NUR FUZIATUN MOHD FADZLI (MENYAMAN MELALUI BAPA DAN WAKIL LITIGASI, MOHD FADZLI JAMIL) v. GOMBAK MEDICAL CENTRE SDN BHD & ORS
COURT OF APPEAL, PUTRAJAYA
AZIZAH NAWAWI JCA
AZIZUL AZMI ADNAN JCA
FAIZAH JAMALUDIN JCA
[CIVIL APPEAL NO: W-02(NCVC)(W)-1327-08-2024]
12 NOVEMBER 2025

The liability of a hospital and its administrators is not always derivative of the doctor's actions. Even if the treating physician is found not to have breached his/her clinical duty of care, the hospital and its administrators can be held personally liable for systemic or administrative failures that materially contributed to the patient's injury.

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AHMAD FARIZUL ISMAIL v. PP
COURT OF APPEAL, PUTRAJAYA
RAVINTHRAN PARAMAGURU JCA
COLLIN LAWRENCE SEQUERAH JCA
AHMAD KAMAL MD SHAHID JCA
[CRIMINAL APPEAL NO: S-05(SH)-298-08-2023]
26 FEBRUARY 2026
[2026] CLJ JT (4)

Abstract – Under the Dangerous Drugs Act 1952, a criminal attempt is established when an accused performs acts demonstrating a substantial step towards the commission of the offence. Physical possession of the contraband is not a prerequisite for a conviction of attempted trafficking. Once an accused has taken all necessary administrative or physical steps to procure a specific item, the transition from preparation to execution is complete, regardless of whether they successfully take the item into their hands.

CRIMINAL LAW: Offence – Trafficking – Attempted trafficking of dangerous drugs – Dangerous Drugs Act 1952, s. 39B(1)(a) – Accused attempted to collect parcel containing dangerous drugs at courier hub – Accused found guilty, convicted as per charge and sentenced to life imprisonment and 12 strokes of whipping – Whether there was substantial movement towards commission of offence – Whether actual physical possession prerequisite for conviction – Whether acts of 'receiving', 'procuring' or 'transporting' under s. 2 of Dangerous Drugs Act 1952 established

EVIDENCE: Conduct – Inference of knowledge – Accused attempted to collect parcel containing dangerous drugs at courier hub – Accused abruptly left courier hub and fled upon noticing arrival of enforcement officers – Whether relevant under s. 8 of Evidence Act 1950 – Whether conduct supported inference of knowledge of incriminating nature of parcel's contents – Whether tipped off by phone call

CRIMINAL PROCEDURE: Investigation – Deficient investigation – Act of attempting to collect parcel containing dangerous drugs at courier hub – Accused found guilty, convicted as per charge and sentenced to life imprisonment and 12 strokes of whipping – Allegation that accused was collecting parcel on behalf of third party – Whether duty on prosecution to locate individual where accused provided insufficient or scant particulars – Whether investigation adequate

LATEST FC/CA

Bashkeran Salliah lwn. PP [2026] CLJU 404 [CA]
Saripuddin Sappe v. PP [2026] CLJU 375 [2026] CLJU 375 [CA]
Saripuddin Sappe v. PP [2026] CLJU 375 [2026] CLJU 375 [CA]
PP v. Mohd Isa Abdul Samad [2026] 3 CLJ 507 [FC]
Donny @ Mohd Nazmie Musanna v. PP [2026] CLJU 272 [CA]
Capital City Property Sdn Bhd v. Teh Swee Neo & Anor [2026] CLJU 402 [CA]
The Government Of Malaysia v. Heidy Quah Gaik Li [2026] CLJU 250 [FC]
Satyamoorthy Sundramoorthy v. PP [2026] CLJU 271 [CA]
Santoshkumar Sukumaran v. PP [2026] CLJU 273 [CA]
Gerak Harapan Sdn Bhd v. Sunway Holdings Sdn Bhd & Another Appeal [2026] CLJU 274 [CA]

JUDICIAL QUOTES

“The mandatory language of s. 10 of the Arbitration Act 2005 (“AA 2005”) is such that the court could not disregard the terms of the arbitration agreement just because one of the parties thereto was in liquidation. The fact that the debt was not admitted was sufficient for it to come within the meaning of a 'matter which is the subject of an arbitration agreement' in s. 10 of the AA 2005, for reference to arbitration. The principle of the court granting a stay of proceedings in favour of arbitration applied equally across the board even when a claimant was already in liquidation and was claiming a disputed debt in litigation and not arbitration.”

“We are of the view that the procedural deadlock caused by the DGI's non-adoption of the arbitration agreement, as raised by the Appellants, does not alter the fundamental character of the underlying dispute as one arising from pre-insolvency rights and obligations.”

“The Appellants' argument that the underlying JVA termination or the Respondent's insolvency renders the arbitration agreement “inoperative” is unsustainable in light of s. 18 of the AA 2005. This section codifies the doctrine of separability, establishing that an arbitration clause is treated as an agreement independent of the other terms of the contract.” - Per Shahnaz Sulaiman JCA in Hashim Abdul Razak & Ors v. Pembinaan PD Jaya Sdn Bhd [2026] 3 CLJ 22; [2025] CLJU 3427

“In the meantime, the defence counsel had written to the prosecution to reconsider the charge P2 against the accused. In due course the prosecution in exercise of its power under art. 145(3) of the Federal Constitution agreed to reconsider the charge by offering a new charge under s. 304(a) of the Penal Code. It was only sometime on 21 July 2025 that the defence counsel informed the court that the representation had been accepted. In the same letter, the defence counsel also mentioned that the accused would be making a guilty plea to the reduced charge on the hearing which had been fixed on 10 September 2025. By this time the accused was already 22 years old. She was no longer a youthful offender as understood in s. 2 of the Criminal Procedure Code.”

“So, the question is what would be the appropriate sentences for the accused since she no longer falls within the category of ‘youthful offender’. Since she is an adult, she would be subjected to the punishment as imposed by s. 304(a) of the PC wherein the court has a discretion to pass a sentence of imprisonment not exceeding 30 years and also fine. However, the court should not lose sight of the fact that due to circumstances beyond her control, the accused had lost the benefit of being a youthful offender and to be sentenced accordingly. As such the court had taken this as one of the mitigating factors in the sentencing of the accused.” - Per Kan Weng Hin J in PP v. SHY [2025] CLJU 2801

“[89] according to the cases which had applied the second approach, r. 7(3A) of the RCA is considered to have embodied the three cumulative conditions (Ladd). I agree that r. 7(3A)(a) RCA has provided for the first condition (Ladd). Having said that ... (v) in view of the conflicting cases (please refer to the above para. [87] and the possible injustice caused by r. 7(3A)(b) of the RCA (as explained in the above sub-para. (iv)), time is ripe for law reform as follows:

(a) our legislature should incorporate the three cumulative conditions (Ladd) in s. 69(3) of the CJA with regard to existent evidence; and

(b) the entire r. 7 of the RCA, in particular r. 7(3A)(b) of the RCA, should be repealed by the Rules committee.”

“I end this judgment with a plea for law reform as proposed in the above sub-para. [89](v).” - Per Azimah Omar JCA in Cempaka Mewah Sdn Bhd v. Pengarah Ukur Dan Pemetaan Negeri Sembilan Darul Khusus [2025] 10 CLJ 695; [2025] CLJU 2455

UPDATED
( as of 10 March 2026)

PU(A) 221/2023
Malaysia Deposit Insurance Corporation (Differential Levy Systems in Respect of Insurer Members) Regulations 2023
PU(A) 564/1996
Federal Roads (Private Management) (Collection of Tolls) (Butterworth–kulim Expressway) Order 1996
ACT 613
Anti-Money Laundering, Anti-Terrorism Financing, Anti-Restricted Activity Financing and Proceeds of Unlawful Activities Act 2001
PU(A) 326/2004
Federal Roads (Private Management) (Collection of Tolls) (Seremban?port Dickson Expressway) Order 2004
PU(A) 195/2016
Federal Roads (Private Management) (Collection of Tolls) (East Coast Expressway-Phase 2) Order 2016

REVOKED
(as of 24 February 2026)

PU(A) 173/2022
Excise Duties (Motor Vehicles) (Payment) Order 2022
PU(A) 317/2025
Federal Roads (East Klang Valley Expressway) Order 2025
PU(A) 384/2021
Customs (Anti-Dumping Duties) (Administrative Review) (No. 3) Order 2021
PU(A) 312/2021
Customs (Anti-Dumping Duties) (Administrative Review) (No. 2) Order 2021
PU(A) 469/2021
Customs (Anti-Dumping Duties) (No. 2) Order 2021

PRINCIPAL

ACT 878
Legal Aid And Public Defence Act 2026
ACT 877
Cross-Border Insolvency Act 2026
ACT 876
Anti-Bully Act 2026
ACT 875
Measures For The Collection, Administration And Enforcement Of Tax Act 2025
ACT 874
Finance Act 2025

AMENDING

ACT A1789
Rukun Tetangga (Amendment) Act 2026
ACT A1788
Employees' Social Security (Amendment) Act 2026
ACT A1787
Perbadanan Kemajuan Filem Nasional Malaysia (Amendment) Act 2026
ACT A1786
National Skills Development (Amendment) Act 2026
ACT A1785
Skills Development Fund (Amendment) Act 2026

PUA

PU(A) 68/2026
Income Tax (Qualifying Plant Initial Allowance) Rules 1998 (Revised 2026)
PU(A) 67/2026
Entertainments Duty (Exemption) (No. 9) Order 2026
PU(A) 66/2026
Entertainments Duty (Exemption) (No. 8) Order 2026
PU(A) 65/2026
Entertainments Duty (Exemption) (No. 7) Order 2026
PU(A) 64/2026
Entertainments Duty (Exemption) (No. 6) Order 2026

PUB

PU(B) 83/2026
Reservation Of Land For Public Purpose
PU(B) 82/2026
Reservation Of Land For Public Purpose
PU(B) 81/2026
Appointment Of Date Of Coming Into Operation
PU(B) 80/2026
Notification Under Subsection 46a(1)
PU(B) 79/2026
Appointment Of Deputy Public Prosecutor

BILLS, etc.

LEGAL NEWS

ARTICLE HIGHLIGHTS

CHOICE OF LAW AND JURISDICTION IN CROSS-BORDER ONLINE CONTRACTS: CHALLENGES UNDER THE MALAYSIAN LAW
by Piriyankaa Nair Ponniah^[i] Dr. Manique Apasara Ephranella Cooray^[ii]

ABSTRACT

In an increasingly digital economy, cross-border online contracts are a fundamental part of international e-commerce. It plays a vital role in business transactions between individuals and commercial companies all over the world. Online cross-border contracts are very common nowadays. They occur on a daily basis, for example, when individuals accept the terms and conditions before purchasing products or services online. Online contracts have made it easy for international companies to conduct business in different countries with consumers. Although online contracts facilitate corporations in e-commerce businesses, the usage of online contracts has its complexity because the formation of contracts and dispute resolutions go beyond territorial borders, usually involving two or more legal systems. Thus, when disputes arise, countries rely on the conflict of laws that provide guidelines, helping courts determine the appropriate law to be applied to resolve issues with foreign elements. This paper examines the challenges the Malaysian court faces in applying appropriate law in disputes regarding online cross-border contracts. Through comparative research, the paper aims to identify the challenges in Malaysia, particularly in relation to choice of law and jurisdiction, where the existing approaches are largely dependent on common law pre-digital principles, which, in the current time, are unaligned with online commercial practice. Using comparative analysis with the United Kingdom and Singapore, the study examines their approaches in cross-border online contract disputes and addresses the legal gaps in the Malaysian legal system. The research, therefore, emphasises these legal gaps and the need for progressive reform to remedy the challenges faced by courts and parties during a dispute in an online cross-border contract.

GLOBAL NEWS

FEDERAL CONSTITUTION IS A LIVING DOCUMENT AND CANNOT REMAIN STATIC — HAFIZ HASSAN

The Federal Constitution is a living document. It cannot therefore remain static.

Changes or amendments to the provisions of the Federal Constitution are inevitable, as duly recognised by Federal Court Judge Raja Azlan Shah (as His Highness then was) in the Federal Court case of Loh Kooi Choon v Government of Malaysia [1977] in the following words:

“[T]he framers of our Constitution prudently realised that future context of things and experience would need a change in the Constitution, and they, accordingly, armed Parliament with ‘power of formal amendment’.

HOW JUDGES HANDLE CHILDREN IN CUSTODY DISPUTES: COURT OF APPEAL JUDGE SHARES PERSONALISED, CHILD?FRIENDLY APPROACH

Ever wondered how judges navigate the delicate task of dealing with children in the midst of custody disputes? Before her elevation to the Court of Appeal, former Family High Court judge Datin Evrol Mariette Peters set out to rethink that experience entirely, reshaping her courtroom into a safer, less intimidating space for children entangled in custody disputes — a transformation she hopes will inspire broader reform across the judiciary.

DISKRIMINASI TIDAK MEMPUNYAI TEMPAT DALAM REFORMASI MAHKAMAH ANAK NEGERI

Dua pemimpin anak negeri Sabah tampil memberikan respons terhadap kenyataan yang dibuat oleh Presiden Borneo’s Plight in Malaysia Foundation, Daniel John Jambun yang mencadangkan reformasi besar-besaran terhadap sistem Mahkamah Anak Negeri, termasuklah pengecualian pegawai-pegawai Muslim daripada pentadbiran hal ehwal anak negeri.

Kenyataan beliau yang menyarankan bahawa hanya anak negeri bukan Muslim sahaja yang layak mentadbir institusi berkaitan undang-undang adat telah menimbulkan kebimbangan terhadap arah tuju dan nada perbincangan reformasi ini.

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