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  1. WEE KU WING v. AMIRA UMAIRA TENG ABDULLAH [2026] 8 CLJ 687

  2. JUDICIAL QUOTES  

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CASE SPOTLIGHTS

WEE KU WING v. AMIRA UMAIRA TENG ABDULLAH [2026] 8 CLJ 687
COURT OF APPEAL, PUTRAJAYA
SUPANG LIAN JCA
SHAHNAZ SULAIMAN JCA
AMARJEET SINGH SERJIT SINGH JCA
[CIVIL APPEAL NO: D-01(NCVC)(A)-550-08-2024]
23 JULY 2026

SUCCESSION: Distribution of estate - Entitlement - Intestate estate of non-Muslim deceased - Muslim child, being legitimate child of deceased, excluded as beneficiary of deceased's estate - Whether Distribution Act 1958 ('DA') precluded Muslim child from inheriting non-Muslim deceased parent's estate - Whether applicability of DA determined by religion of deceased or beneficiary - Whether exclusion of beneficiary from small estate proceedings rendered distribution order liable to be set aside - Whether other beneficiaries entitled to be heard in application to set aside distribution order

ISLAMIC LAW: Legislation - Validity - Hadith and fatwa - Hadith and fatwa issued by Mufti of Federal Territories stating Muslims could not inherit from non-Muslims and vice versa - Whether hadith and fatwa codified into Malaysian law - Whether uncodified religious principles could override clear statutory provisions enacted by Parliament - Whether such principles applicable in civil proceedings concerning distribution of non-Muslim deceased's estate

JUDICIAL QUOTES

“And I further order that the defendants shall pay the plaintiff general damages of RM600,000, being RM15,000 per day for 40 days of unlawful detention, and exemplary damages of RM75,000. Interest at 5% per annum on the general and exemplary damages shall run from the date of filing of the writ on 10 January 2023 until the date of full realisation.”

“This case is a sobering reminder of how easily fundamental liberties can be extinguished by institutional carelessness or, worse, by institutional arrogance.”

“Simon Adavize Momoh came to Malaysia lawfully. He married a Malaysian and built a life here, raising two children. He committed a traffic offence, for which he was tried, convicted, and punished: one day in prison and a fine of RM12,000. He paid in full. What happened next should not have happened. He was held for 40 more days under a legal framework that did not apply to him, without ever being brought before a judge or a Magistrate, under the cover of a COVID-19 story that was not true, and cut off from his family and his lawyer. The law was clear. The Constitution was clear. Both were ignored.” - Per Jamhirah Ali in Simon Adavize Momoh v. Ketua Pengarah, Jabatan Imigresen Malaysia & Ors [2026] CLJU 2984

LATEST CASES

Legal Network Series

CLJ 2026 Volume 8 (Part 4)

(i) Where an agreement provides a precise, conditional timeframe for a party to exercise a contractual option following a lawful termination for default, that option automatically lapses if it is not exercised within the strictly stipulated contractual terms. Such a time-bound right cannot be retroactively created, extended, or revived through court pleadings subsequent to its expiration, thereby extinguishing any derivative entitlement to a refund of milestone payments; (ii) While accrued liquidated damages are recoverable up to the point of termination, overlapping delay claims covering identical periods will be struck down to prevent an impermissible double recovery; (iii) In a fixed-price, milestone-based contract, a contractor's right to payment is strictly contingent upon the absolute completion and sign-off of each discrete contractual milestone; consequently, where a termination for default is lawful, uncompleted milestone works are rendered immaterial, and claims for wasted expenditure under s. 74 of the Contracts Act 1950 must be dismissed.
Liberty Technology Resources Sdn Bhd v. Suruhanjaya Syarikat Malaysia [2026] 8 CLJ 493 [CA]

• SUBJECT
• CORAM
• COUNSEL

While the High Court possesses the discretionary power, under O. 34 r. 1(3) of the Rules of Court 2012, to strike out an action for non-compliance with pre-trial case management directions, this ultimate sanction must be strictly proportionate to the nature and consequences of the breach. The court must explicitly evaluate factors of proportionality, including, inter alia, the availability of lesser sanctions, the absence of prior warnings or 'unless orders,' and whether a fair trial remains achievable, before shutting a party out of the justice system.
Ng Bee Hui & Ors v. Nanopac Innovation Ltd & Ors [2026] 8 CLJ 511 [CA]

• SUBJECT
• CORAM
• COUNSEL

(i) A cross-appeal must be directly connected to or arise from the substance of the appellant's notice of appeal. Where an appellant appeals against the entirety of the court's decision, a cross-appeal by the respondent seeking to vary the quantum, as in this case, is validly connected and maintainable without requiring a separate notice of appeal; (ii) A private medical institution cannot evade liability for the negligence of its attending doctors by merely classifying them as independent contractors, particularly where the hospital derives a direct financial and institutional benefit from their services; (iii) By virtue of the saving provisions under s. 6 of the Civil Law (Amendment) Act 2019, claims instituted prior to 1 September 2019 remain governed by the pre-amended s. 28A of the Civil Law Act 1956. Consequently, a claimant who was 56 years old at the time of filing is statutorily barred from claiming loss of future earnings under the former 55-year statutory threshold.
Pusat Pakar Tawakal Sdn Bhd v. Datin Nor Rizam Abdul Wahab & Ors And Other Appeals [2026] 8 CLJ 526 [CA]

• SUBJECT
• CORAM
• COUNSEL

(i) A local planning authority lacks the statutory power, under ss. 5 and 6 of the Town and Country Planning Act 1976, to grant planning permission for land reclamation within the territorial sea. This is because the territorial sea along with its seabed/subsoil, is owned by the Federal Government and does not constitute part of the local planning authority's territorial jurisdiction area; (ii) The lack of objection by the Attorney General's Chambers to the grant of leave, or the absence of an appeal against such grant, cannot cure a time-barred judicial review application; the parties' consent, waiver, or conduct cannot confer substantive jurisdiction on a court to hear a matter filed out of time.
Zakaria Ismail & Ors v. Pengarah Jabatan Perancangan Bandar Dan Desa Pulau Pinang & Ors [2026] 8 CLJ 561 [CA]

• SUBJECT
• CORAM
• COUNSEL

(i) In complex medical negligence claims, lay testimony and non-contemporaneous photographic evidence alone are legally insufficient to establish a breach of the standard of care or clinical misconduct. In the case at hand, the failure to adduce independent expert medical evidence to define the requisite benchmark of care meant that the plaintiff failed to establish a case in law, thereby justifying the success of the defendant's submission of 'no case to answer'; (ii) A significant, unexplained delay by a patient, in acting upon a specialist medical referral issued by a practitioner, constitutes a novus actus interveniens, thereby breaking the chain of causation and severing the legal nexus between the practitioner's initial management and the alleged injury.
AB v. Ilham Fitri Murad & Ors [2026] 8 CLJ 594 [HC]

• SUBJECT
• CORAM
• COUNSEL

The court may grant a bankrupt's discharge, under s. 33(3) of the Insolvency Act 1967, where the continuation of the bankruptcy serves no practical purpose, particularly when a massive debt stems from a corporate guarantee for a bona fide business venture rather than personal extravagance. In balancing commercial morality against individual rehabilitation, the court must heavily weigh a bankrupt's advanced age, severe illness, retiree status, and consistent compliance with stipulated monthly payments. Absent a criminal conviction or a proven bankruptcy offence under the Act, the total quantum repaid is immaterial. Furthermore, the court must accord significant deference to the Director General of Insolvency's lack of objection and thorough investigations showing no hidden assets or misconduct. A creditor cannot successfully oppose a discharge based on minor asset valuation uncertainties or on defaults exacerbated by the creditor's own undue administrative delays.
Sia Beng Kim v. Malayan Banking Bhd [2026] 8 CLJ 617 [HC]

• SUBJECT
• CORAM
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ARTICLES

CLJ Article(s)

1. WHAT DOES THE BENCH EXPECT FROM YOUNG COUNSEL ^{[Read excerpt]}
   Speech By YAA Chief Justice Of Malaysia Tun Wan Ahmad Farid Wan Salleh At The East Coast National Young Lawyers Conference Organised By The State Bar Of Kelantan Perdana Hotel, Kota Bharu, On 1 August 2026 [2026] 8 CLJ(A) xi

[2026] 8 CLJ(A) xi
MALAYSIA
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WHAT DOES THE BENCH EXPECT FROM YOUNG COUNSEL

Speech By YAA Chief Justice Of Malaysia Tun Wan Ahmad Farid Wan Salleh At The East Coast National Young Lawyers Conference Organised By The State Bar Of Kelantan Perdana Hotel Kota Bharu On 1 August 2026
Assalamualaikum and a very good evening.
Let me begin by extending my sincere gratitude to the Kelantan Bar Committee for this invitation to be here.
When I was asked to speak on 'What the Bench Expects from Young Counsel', my first thought was to make this a very short speech. But the problem is, I have come all the way from Putrajaya, having spending my night in Kuantan en route. And to think that some of you have travelled from Pahang and Terengganu, I believe that you deserve a longer speech.
Since this is the final segment of the programme, please try not to sleep.
Standing at the Bar as a young lawyer can feel like walking into a lion's den, armed only with a bundle of authorities and a prayer. I know that feeling. I have been there. We on the Bench know that feeling. But today, I want to let you in on a judicial secret, straight from the horse's mouth: the Bench is not your enemy. We never were. We are your partners in our common mission - to achieve justice.
I can give you this assurance. We do not wake up in the morning plotting how to ruin a counsel's day. In fact, when a young counsel steps up to address the court, well-prepared and clear-headed, the entire courtroom takes a collective sigh of relief. We want you to do well. Because when you do well, our job becomes infinitely easier.
. . .

2. BUILDING A REPUTATION THAT LASTS: REFLECTIONS ON WHAT THE BENCH EXPECT FROM YOUNG LAWYERS ^{[Read excerpt]}
   by S Saravana Kumar* [2026] 8 CLJ(A) xvii

[2026] 8 CLJ(A) xvii

MALAYSIA

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BUILDING A REPUTATION THAT LASTS:
REFLECTIONS ON WHAT THE BENCH EXPECT FROM YOUNG LAWYERS

by
S Saravana Kumar*

Author's Acknowledgement

On 1 August 2026, I had the privilege of being part of the East Coast National Young Lawyers Conference, which was ably organised by the Kelantan State Bar Committee. The Right Honourable Tun Wan Ahmad Farid bin Wan Salleh, Chief Justice of Malaysia, delivered the closing keynote address entitled "What Does the Bench Expect from Young Counsel?" It was an insightful and deeply practical address that resonated with every member of the audience.

What struck me most was that His Lordship's observations were not theoretical ideals or abstract principles of advocacy. I find them to be practical lessons forged through his decades of experience, as a Deputy Minister, a lawyer managing his own law firm, a judge for many years and now as the Head of the Malaysian Judiciary. That unique perspective gave his remarks a rare authenticity. They reflected not merely what the law expects of advocates, but what experience has taught one of Malaysia's most distinguished lawyers and judges.

This article is inspired by His Lordship's address. I do not intend to reproduce or summarise His Lordship's paper. Rather, I hope to reflect upon the themes that His Lordship raised through the lens of my own experience over my 20 years in practice. In doing so, I hope to reinforce some timeless lessons that define not merely competent lawyers but exceptional ones.

Although the Chief Justice addressed young lawyers, these lessons apply to every member of our profession. Whether one has been called to the Bar for two years or 20 years, the qualities that earn the confidence of judges, clients, and fellow practitioners remain remarkably constant.

. . .

* Partner, RDS Partnership sara@rdslawpartners.com

LNS Article(s)

1. A QUANTITATIVE ANALYSIS OF THE STANDING ORDERS OF DEWAN RAKYAT: CATEGORISATION AND FUNCTIONAL INSIGHTS ^{[Read excerpt]}
   by Irfan bin Mohamad Fairus^[i] Sheila Ramalingam^[ii] [2026] CLJU(A) xc

[2026] CLJU(A) xc

MALAYSIA

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A QUANTITATIVE ANALYSIS OF THE STANDING ORDERS OF DEWAN RAKYAT:
CATEGORISATION AND FUNCTIONAL INSIGHTS

by
Irfan bin Mohamad Fairus^[i]
Sheila Ramalingam^[ii]

ABSTRACT

This study presents a quantitative analysis of the Standing Orders of the Dewan Rakyat, the lower house of the Malaysian Parliament, with the aim of systematically categorising each procedural rule into one of three functional domains: Order of Business, Administration of Proceedings, and Conduct of Members. Motivated by the recent Speaker rulings that reveal a dichotomy between procedural rigidity and interpretive flexibility, the research disaggregates the Standing Orders into their constituent paragraphs and subparagraphs to capture the full scope of their regulatory authority. The findings show that over 60 per cent of the Standing Orders pertain to administrative procedures, while only a small fraction govern Members' conduct. This distribution reflects a structural emphasis on procedural control and helps explain the Speaker's cautious approach to procedural rulings, contrasted with broader discretion in matters of Members' behaviour. By offering a replicable framework for classifying parliamentary rules, this study contributes to the fields of legislative studies and parliamentary governance, and lays the groundwork for future research on institutional authority and procedural reform in Malaysia.

. . .

[i] Master of Legal Studies Candidate, Faculty of Law, Universiti Malaya. Email: s2199082@siswa.um.edu.my.

[ii] Senior Lecturer, Faculty of Law, Universiti Malaya; Advocate & Solicitor, High Court in Malaya (non-practising). Email: sheila.lingam@um.edu.my.

2. DIGITAL IMPERSONATION IN MALAYSIA: CRIMINAL-LAW GAPS AND THE NEED FOR SPECIFIC LEGAL FRAMEWORK ^{[Read excerpt]}
   by Norazuan Amiruddin^[i] Manique Cooray^[ii] Dennis WK Khong^[iii] [2026] CLJU(A) xci

[2026] CLJU(A) xci

MALAYSIA

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DIGITAL IMPERSONATION IN MALAYSIA: CRIMINAL-LAW GAPS AND THE NEED FOR SPECIFIC LEGAL FRAMEWORK

by
Norazuan Amiruddin^[i]
Manique Cooray^[ii]
Dennis WK Khong^[iii]

ABSTRACT

Digital technology has advanced rapidly, so it is easier to assume or misuse another person's name, image, voice or other identifying attributes. Such activity may facilitate fraud, harassment, reputational damage and various other forms of harm. However, Malaysian criminal law does not currently recognise digital impersonation as an offence. Rather, the relevant law is dispersed across several statutes and generally imposes liability only when impersonation is accompanied by a separate prohibited act or consequence. Although the Online Safety Act 2025 and the Cybercrime Bill 2026 are significant legislative developments, gaps remain where the conduct does not involve inducement, financial or property loss, prohibited communications or unauthorised access to a computer system. This article consequently considers the creation of a specific offence addressing the intentional and unauthorised appropriation of another person's digital identity, accompanied by an intention to cause harm or a sufficient likelihood that harm will occur. The approaches adopted in selected jurisdictions, the article identifies principles that may guide the development of a more coordinated Malaysian legal framework for digital impersonation.

. . .

[i] Corresponding author; Faculty of Business, Multimedia University, Jalan Ayer Keroh Lama, 75450 Melaka, Malaysia. Email: norazuan.amiruddin@mmu.edu.my

[ii] Faculty of Law, Multimedia University, Jalan Ayer Keroh Lama, 75450 Melaka, Malaysia. Email: manique.cooray@mmu.edu.my.

[iii] Faculty of Law, Multimedia University, Jalan Ayer Keroh Lama, 75450 Melaka, Malaysia. Email: wkkhong@mmu.edu.my.

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