Ying Khai Liew
Biographic Data
| ID | 4171471 |
|---|---|
| NAME | Ying Khai Liew |
| GIVEN NAMES | Ying Khai |
| FAMILY NAME | Liew |
| SIGNATURE | LIEW Y K |
| AFFILIATIONS | The University of Melbourne |
| ORCID | 0000-0002-6024-3579 |
| VERIFIED | Yes |
| TOTAL WORKS | 4 |
| TOTAL CITATIONS | 0 |
| WORKS AS AUTHOR | 4 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 2015 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 0 |
Constructive Trusts in Malaysia
In recent times, Malaysian courts have resorted to a ritual incantation of unconscionability and the notion of a remedial constructive trust to justify a declaration of a constructive trust. This methodology is unhelpful for approaching constructive trusts and has led the law to develop in an unprincipled and unpredictable fashion. Our central thesis is that the key Malaysian decisions could have been decided on the basis of pre-existing legal pr…
Explaining Assignments of Arbitration Agreements
The case law and literature to date have struggled to locate the rationale for the assignability of arbitration agreements. While different justifications have been proffered, each of them rests on questionable premises. This has given rise to a host of uncertainties over the rules which apply in practice. This paper proposes that a satisfactory rationale can be found in the “acceptance principle”. This principle indicates, first, that arbitratio…
Proprietary Estoppel in Australia
According to Giumelli v Giumelli (1999) 196 CLR 101, where A successfully makes out a proprietary estoppel claim, courts must positively exercise two sets of remedial discretion. The first concerns whether expectation relief is a disproportionate remedy in view of the detriment A suffers. If expectation relief is held to be justified, a second set of discretion obliges judges ‘to consider all the circumstances of the case’, including ‘the impact …
The Rule in W ilkinson v D ownton
The decision in OPO v MLA [2014] EWCA Civ 1277 causes confusion to the rule in W ilkinson v D ownton . A strong line of authorities indicates that the defendant must either have an actual intention to cause physical injury or be reckless as to the causing of such harm, the latter being determined by the likelihood of harm being caused by the defendant's act. ‘Imputed intention’ does not form a separate category of mental state. There was also a m…
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The Rule in W ilkinson v D ownton
The decision in OPO v MLA [2014] EWCA Civ 1277 causes confusion to the rule in W ilkinson v D ownton . A strong line of authorities indicates that the defendant must either have an actual intention to cause physical injury or be reckless as to the causing of such harm, the latter being determined by the likelihood of harm being caused by the defendant's act. ‘Imputed intention’ does not form a separate category of mental state. There was also a m…
Proprietary Estoppel in Australia
According to Giumelli v Giumelli (1999) 196 CLR 101, where A successfully makes out a proprietary estoppel claim, courts must positively exercise two sets of remedial discretion. The first concerns whether expectation relief is a disproportionate remedy in view of the detriment A suffers. If expectation relief is held to be justified, a second set of discretion obliges judges ‘to consider all the circumstances of the case’, including ‘the impact …
Explaining Assignments of Arbitration Agreements
The case law and literature to date have struggled to locate the rationale for the assignability of arbitration agreements. While different justifications have been proffered, each of them rests on questionable premises. This has given rise to a host of uncertainties over the rules which apply in practice. This paper proposes that a satisfactory rationale can be found in the “acceptance principle”. This principle indicates, first, that arbitratio…
Constructive Trusts in Malaysia
In recent times, Malaysian courts have resorted to a ritual incantation of unconscionability and the notion of a remedial constructive trust to justify a declaration of a constructive trust. This methodology is unhelpful for approaching constructive trusts and has led the law to develop in an unprincipled and unpredictable fashion. Our central thesis is that the key Malaysian decisions could have been decided on the basis of pre-existing legal pr…
Computer Science (4 works) · Law and economics (4 works) · Legal principles and applications (4 works) · Political science (4 works) · Business (3 works) · Law (3 works) · Constructive trust (2 works) · Economics (2 works) · Sociology (2 works) · Arbitration (1 work)