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ARTICLE · 18 SEPTEMBER 2023

Case Update: Federal Court Highlights Contract Validity vs Enforceability In Remuneration Case

Facts Abd Ghani Golamdin (the 'Appellant') was initially employed by Universiti Utara Malaysia (the '1st Respondent') as a Senior System Analyst in 1989 and later became the Chief System Analyst...

MalaysiaLitigation, Mediation & Arbitration
Zul Rafique & Partners
Zul Rafique & Partners

LAW OF EVIDENCE
Authenticity of Agreements – Admissibility of Evidence – Turquand Rule – Indoor Management Rule – Enforcement of Contracts – Evidence Act 1950

Abd Ghani Golamdin v Universiti Utara Malaysia & Ors
Civil Appeal No. 01(f)-18-07/2020(K) | Federal Court
- see the grounds of judgment here

Facts Abd Ghani Golamdin (the 'Appellant') was initially employed by Universiti Utara Malaysia (the '1st Respondent') as a Senior System Analyst in 1989 and later became the Chief System Analyst and the 'Pengarah Pusat Komputer' of the Respondent. In 2002, the Appellant was seconded to Uniutama Management Holdings Sdn Bhd (the '2nd Respondent'), a company owned by the 1st Respondent, with a special allowance payment. Subsequently, the Appellant was seconded to Uniutama Solution Sdn Bhd (the '3rd Respondent'), also owned by the 1st Respondent. Apart from receiving the remuneration from the 1st Respondent and a special allowance from the 2nd Respondent, during the

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