QUESTION

Kim is a Malaysian citizen. She meets Kanye, a British citizen whilst studying in

London. After a few years of being in a relationship, they decide to live together since

they do not believe in marriage, calling it artificial. They have two children, Justin

and Nina. This relationship, called a common law relationship, is recognized in

English law.

Kanye gets transferred to Malaysia to head the Asian operations of his company,

Abuse Music Ltd. The whole family moves to Kuala Lumpur. Kanye starts his new

job. Kim is happy back in Malaysia with her parents, siblings, uncles, aunties and

cousins after 10 years. Justin and Nina attend an international school.

Advise Kim on the following matters, focusing on the law and cases

where applicable. Give reasons for your answers.

1. Kanye is a fashion designer and creates several glamorous evening dresses for

Kim. The bill comes up to RM 30 000 but Kim pays only RM 5000 as she says

that Kanye's work is unsatisfactory. Kanye sues her in the magistrate's court for

the balance of RM 25 000 and his claim is successful. Kim is not happy with

the magistrate's judgment and wishes to appeal. Advise her as to the appeal

process in the Malaysian Legal System.

It should be answered using ILAC structure which is issue/introduction, law, application, conclusion.