Category: Case Update
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Who Bears the Losses in Cryptocurrency Mining Scams in Malaysia (Part II)?
In Tenaga Nasional Berhad v Lam Sau Tai (sued as administrator of the estate of Siew Nyuk Sang, deceased) & Anor, the electricity supply to the premises had been tampered and traces of cryptocurrency mining were found. The premises owner had rented the premises to a third party but he passed away before the tampering…
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Who Bears the Losses in Cryptocurrency Mining Scams in Malaysia (Part I)?
In Bumi GT Sdn Bhd v DIY Printing Supply Sdn Bhd, TNB sued the landlord after discovering that someone had tampered with the meter installation at the landlord’s premises, resulting in nearly RM400,000.00 in electricity charges. These charges were attributed to cryptocurrency mining. However, unbeknownst to the landlord at the time, the actual tenant was…
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A case of a digitally forged will
We are now seeing cases of wills being digitally manipulated creeping into our Courts. In Koh Ah Hwoi @ Kok Ah Hoi v Colum Aiwah McNamara & Anor, the plaintiff claimed that the deceased had executed another will in 2019 which superseded a 2008 will. The 2008 will had left his entire estate to the…
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Scanning the wrong QR code: A costly mistake
In Wong Bair Lim v Malayan Banking Berhad, the Sessions Court struck out a claim involving unauthorised online transfers from the plaintiff’s account to several unknown accounts on the same day. The plaintiff had immediately informed the bank of the unauthorised transfers and sought its assistance. The transactions were allegedly triggered when the plaintiff scanned…
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Can the Court order the disclosure of your WhatsApp personal messages?
In GIIB Holdings Berhad v Wong Weng Yew & Ors, the plaintiff applied for discovery of WhatsApp messages and access to a Google Drive referred to in the WhatsApp messages, among others. The documents came to the plaintiff’s attention after receiving the defendants’ proposed bundle of documents (DBOD), which contained numerous WhatsApp conversations from various…
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Remote Testimony Post-Pandemic
In Lembaga Kemajuan Tanah Persekutuan & Anor v Amy Loh Shook Fun & Ors, one of the defendants, a former solicitor, applied to testify via Zoom from the United States as she had relocated to the United States and claimed that her employment as a preschool teacher made it not feasible to travel to Malaysia.…
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Ex-employee ordered to publish public apology, remove online article as cybersecurity firm wins defamation case
The Edge Malaysia recently reported a judgment of a case we did at the High Court. An extract of the article is reproduced below- KUALA LUMPUR (Oct 15): A company and three of its employees have been awarded RM50,000 each by the High Court as damages after a former colleague was found liable for making…
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Singapore’s First Action against Unknown Persons on Cyberspace
I am happy to announce that my book “Foong’s Malaysia Cyber, Electronic Evidence and Information Technology Law” was recently featured in the Singapore High Court case of CLM v CLN and others [2022] SGHC 46. The case had referred to our High Court case of Zschimmer & Schwarz GmbH & Co KG Chemische Fabriken v…
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Bread & Kaya: 2017 Cyberlaw cases Pt3 – sexual offences against children and computer crimes
By Foong Cheng Leong | Mar 30, 2018– Sending death threats using someone else’s mobile phone is not OK– 2018 will mark interesting year for cyber related cases including Uber driver suing Uber THE first statute in Malaysia to use the term “social media” is part of the law designed to protect children against sexual…