2021

2020

2019

2018

2017

Cases

CATAJAYA SDN BHD v. SHOPPOINT SDN BHD & ORS
Federal Court, Putrajaya
Mohd Zawawi Salleh, Idrus Harun, Nallini Pathmanathan, Zaleha Yusof, Hasnah Mohammed Hashim FCJJ
[Civil Appeal No: 02(f)-49-05-2019(B)]
17 December 2020
[2021] 2 MLRA 46

JUDGMENT

Hasnah Mohammed Hashim FCJ:

Introduction

[1] This appeal raises the questions whether the law in Malaysia regarding termination clauses ought to be strictly interpreted, and whether headings in a contract can be used to assist in the interpretation of that contract.

[2] On 9 May 2019 this Court granted leave in respect of these two questions:

Question 1

Whether the law in Malaysia should be that termination clauses ought to be construed strictly; and

Question 2

Whether headings in a contract can be used to assist in the interpretation of the contract.

[3] At the commencement of the hearing of this appeal, learned counsel for the appellant had applied by an oral application to include an additional question for this court's consideration and determination. This oral application, however, was objected by learned counsel for the respondents. The proposed additional question is as follows:

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
JanuaryFebruaryJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecemberMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecember