Category: Case Update
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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…
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Battle of the Satay Celup Restaurants
Ban Lee Siang restaurants – used with permission of sixthseal.com Ban Lee Siang is a well known satay celup restaurant in Melaka. It consists of two adjoining shops operated by two different owners who are brothers. The shop was started by their other brother in 1987. Although both restaurants are named “Ban Lee Siang”, they…
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Can a franchise agreement be executed before the registration of the franchise in Malaysia?
In a recent High Court case, the Court held that a licence agreement can qualify as a franchise agreement and a licensor cannot offer to sell or provide a franchise until his franchise is registered in Malaysia. Munafya Sdn Bhd v Profquaz Sdn Bhd The Defendant operates an Islamic education system or syllabus for preschool…
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Symphony Light & Sounds Services Sdn Bhd & Anor v Irwan Shah Bin Abdullah @ D.J Dave & Ors
Kuala Lumpur High Court Suit No.: S-22-1010-2007 The Plaintiffs initiated an action against Defendants for allegedly misappropriating their copyright by way of fraud and deception. The subject matters in dispute are proposals entitled “Malaysia’s 50 years an illuminating Journey”. The Plaintiffs alleged that the Defendants had secretly sent the subject matter to the Ministry of…