Two informal sales, a register three years out of date, and an insurer hoping that a 1992 agreement had quietly erased a 1985 letter. The Federal Court’s memory proved longer than the insurer’s.
Read More
An insurer raced to the High Court for a declaration that it owed nothing — before the trial court had decided whether its rider was even in the accident. It won. The victim then won his trial. Two judgments, one collision, and a paper judgment not worth the paper it is printed on. The Federal Court called it a serious error of law and fact — and a breach of ...
Read More
Section 96(3) lets an insurer escape a victim’s judgment — but only if it gives notice, and gives it in time. In Appeals No. 2 and No. 3 of Sa’Amran, two insurers skipped that small step. The Federal Court showed them the price.
Read More
A car sold on a handshake in 2007. A register never told. A crash in 2014. The insurer said the policy died with the sale; the Federal Court read the statute and found the promise still standing exactly where Parliament had left it.
Read More
Two contradictory oaths, half the witnesses, the wrong court, and a declaration that came too late. Appeal No. 8 of Sa’Amran is a study in how an insurer loses a fraud case it never properly brought.
Read More
The PM, the CJ, and other constitutional appointees are all guardians of the Constitution. If one falters, what happens? When a Prime Minister faces a suit in court, yet it is he who must pick the senior judges who will head the judiciary— he is immediately placed in an irreconcilable position of conflict. Three constitutional paths emerge from Malaysia’s deepest democratic paradox. What are they? There is no point in ...
Read More
In 1988, a tremor rent Malaysia’s halls of justice: an institutional earthquake that cleaved its very bedrock. Constitutional pillars crumbled; and the Beacon that once burned bright for Justice flickered, and then, died. Sacred robes, woven with centuries of honour, lay torn in the rubble. The Unthinkable carved its wound into the very beating heart of the Constitution. Here sleep the lasting memories of those who fell, shields raised against the ...
Read More
For the first time in ninety years, we are asking the right questions in the right order. Under s.96(2)(a) RTA 1987, must an accident victim personally notify the insurer before suing — or does that duty lie elsewhere? Ten questions, and the answers a century of Commonwealth law has been quietly supplying.
Read More
Some say that the power of the King to grant a royal pardon is ‘absolute,’; that ‘no one can question it’. Is this correct?
Read More
Will the anti-hopping law stop MPs from jumping to different coalitions? Are there loopholes in the Anti Hopping law? Can the laws be manipulated? How should political parties stop frogs?
Read More