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Can Your Boss Legally Stop You from Working for a Competitor? Understanding Restraint of Trade in Malaysia
When signing an employment contract, you might encounter a clause that restricts you from working in a similar field or starting a...
Vinodhan Kuppusamy
Aug 22, 20243 min read


Can a Guarantor Be Made a Bankrupt in Malaysia?
Introduction Can a Guarantor Be Made Bankrupt? According to Section 5(3) of the Insolvency Act 1967, a creditor is not permitted to begin...
Vinodhan Kuppusamy
Aug 22, 20243 min read


My Signature Was Forged! What Can I Do? - Malaysia
Sree was served a summons last week for defaulting on a contractual obligation. Confused about the entire ordeal, she requested for a...
Vinodhan Kuppusamy
Feb 1, 20224 min read


Federal Court: AR Card is needed to prove service of Writ
A) Previous position regarding “good” service of Writ – a dilemma Order 10 Rule 1 of the Rules of Court 2012 (‘ROC’) stipulates, ‘…...
Vinodhan Kuppusamy
Apr 12, 20213 min read


Do You Have A Right To Your Lawyer Of Choice?
The Constitutional protection of the right to be represented by legal counsel has been provided under Article 5 (3) of the Federal...
Vinodhan Kuppusamy
Mar 22, 20212 min read


Received A Dishonoured Or Bounced Cheque? Here’s What You Need To Know
When cheques are issued to you, there will always be a risk of that cheque being dishonoured by the drawer of the bill. And that is...
Vinodhan Kuppusamy
Mar 1, 20214 min read


An Application for Discovery in a Civil Suit
The case of Mully v Manifold [1959] 103 CLR 341 defines Discovery per Justice Menzies as follows: “Discovery is a procedure directed...
Vinodhan Kuppusamy
Feb 17, 20213 min read


Treatment at a Beauty Salon Gone Wrong. What Should I Do? in Malaysia
Are you someone who enjoys getting pampered at a beauty salon whenever time allows, or when it’s payday? Girl, you and I both. What...
Vinodhan Kuppusamy
Feb 9, 20213 min read


What Constitutes a Binding Contract?
Prishanth and Valer recently made an agreement where Prishant, would sell his limited-edition book for a total of RM 2,000.00....
Vinodhan Kuppusamy
Jan 18, 20213 min read


Separate Legal Personality: A Non-Human Person?
If a Company is liable for legal action, do the shareholders and directors automatically become liable as well? How can a Company be...
Vinodhan Kuppusamy
Jan 7, 20214 min read


Malaysian Contract Law: Is Past Consideration Good Consideration?
For a contract to make sense or be worthwhile, all parties to the contract must receive some sort of benefit from it. In legal sense,...
Vinodhan Kuppusamy
Dec 29, 20203 min read


Malaysian Standard & Burden of Proof
A) Standard of Proof It is important to realise that Courts often consider the sufficiency of evidence presented in a given case for the...
Vinodhan Kuppusamy
Dec 9, 20203 min read


Judgment In Default of Appearance - Malaysia
In 2014, when tennis ace Roger Federer pulled out of the World Finals, millions of tennis enthusiasts dubbed the act as a “disgrace”. Now...
Vinodhan Kuppusamy
Nov 20, 20204 min read


Functus Officio: When Does A Court Lose Its Powers?
A) What is Functus Officio? The phrase “having discharged his duty” resonates with the term Functus Officio as it refers to an officer or...
Vinodhan Kuppusamy
Nov 20, 20204 min read


Abuse of Process in the Court of Law - Malaysia
Abuse of Process (“AOP“) is where a person and/or a party uses the legal system in a way that does not serve the underlying goal of a...
Vinodhan Kuppusamy
Nov 20, 20203 min read


Without Prejudice Letters: When & How Can They Be Admissible In Malaysian Court?
What is a Without Prejudice (“WP”) Letter you ask? Well, it is literally a letter with a small part somewhere on the document labelled...
Vinodhan Kuppusamy
Nov 19, 20203 min read


Is a Consent Order/Judgment the same as a Judgment in Malaysian Court?
Situation 1 Adira and Shaan are involved in a divorce proceeding. Consequently, they agreed to sort out the terms of the divorce...
Vinodhan Kuppusamy
Nov 16, 20204 min read


Constructive Res Judicata - Malaysia
Constructive res judicata is a subset of the doctrine of res judicata. When a party tries to put forth various legal issues which could...
Vinodhan Kuppusamy
Nov 9, 20203 min read


The Final Nail in the Coffin – Res Judicata - Malaysia
As humans, letting go of something or someone, that was once important can be difficult. Now, although courts in general, have never met...
Vinodhan Kuppusamy
Nov 6, 20203 min read


Received A Letter of Demand? Here’s What You Should Know - Malaysia
Say you receive a Letter of Demand from a law firm stating the following: TAKE NOTICE that our client has instructed us to demand, which...
Vinodhan Kuppusamy
Oct 15, 20204 min read