Tag: Damages

Jun

17

Approach to Medical Negligence Claims by Malaysian Courts

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by Mah Weng Kwai, Judge of the Court of Appeal, Malaysia Introduction 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 BolamPrinciple. This test was applied to determine the doctor’s standard of care in relation to the treatment and information given to the patient. […]

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Jun

17

Konajaya Sdn Bhd v Perbadanan Urus Air Selangor Bhd (2009) MWKAeJ 0204 [Construction law – Performance bonds]

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HIGH COURT OF MALAYA AT KUALA LUMPUR, MALAYSIA ORIGINATING SUMMONS NO: D5-24-164-2003 RAMLY ALI J 4 FEBRUARY 2009 Cases referred to China Airlines Ltd v. Maltran Air Corp Sdn Bhd & Another Appeal [1996] 3 CLJ 163 FC (refd) Cygal Bhd v. Bandar Subang Sdn Bhd [2004] 3 CLJ 67 CA (refd) Esal (Commodities) Ltd & Anor […]

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Jun

17

FD Marketing (M) Sdn Bhd v Victory Mix Sdn Bhd (2009) MWKAeJ 1207 [Construction law – Mareva injunction & claim for cost of materials]

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HIGH COURT OF MALAYA AT SHAH ALAM, MALAYSIA CIVIL SUIT NO: MT1-22-1815-2007 ZALEHA BINTI YUSOF J 7 DECEMBER 2009 Cases referred to Pacific Centre Sdn Bhd v United Engineers (M) Bhd [1984] 2 CLJ (Rep) 319 Counsel For the plaintiff – Raymond Mah; M/s MahWengKwai & Associates For the defendant – HS Lee; M/s HS Lee […]

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Jun

17

Understanding Dispute Resolution in Malaysia

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by Raymond Mah  & Liow Pei Xia Disputes can be costly and time consuming, affecting both personal and business relationships. However, a better understanding of the available options for dispute resolution and the mechanics of each process greatly assists with decision making and the management of expectations. MahWengKwai & Associates can help you effectively manage and resolve your disputes. […]

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