MIRROR, MIRROR ON THE WALL, IS THIS COMMENT FAIR AT ALL?
INTRODUCTION In Dato’ Sri Dr Mohamad Salleh bin Ismail & Anor v Mohd Rafizi bin Ramli [2022] 3 MLJ 758, the Federal Court discussed on whether the Respondent (i.e. the Defendant in the trial court) could rely on the defence of fair comment in a defamation claim commenced by the Appellants (i.e. the Plaintiffs in …
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THE DIGITAL EVOLUTION OF PAPERLESS DOCUMENTS IN COURT – THE AMENDMENT TO COURTS OF JUDICATURE ACT 1964
INTRODUCTION On 25 July 2022, the Malaysian Parliament passed the Courts of Judicature (Amendment) Bill 2022 (‘the Bill’), which was subsequently granted the Royal Assent by the Yang di-Pertuan Agong on 31 August 2022.
THE MODE TO CHALLENGE AN INDUSTRIAL COURT AWARD: APPEAL OR JUDICIAL REVIEW
INTRODUCTION Recently, the High Court of Penang has resolved the confusion on the correct mode to challenge an Industrial Court Award in the High Court by interpreting Sections 33C and 20(3) of the Industrial Relations Act 1967.
EXPLORING THE EMERGING IMPACT OF ESG FACTORS ON CORPORATIONS AND FINANCIAL INSTITUTIONS
INTRODUCTION The term Environmental, Social and Governance (“ESG”) is currently in the limelight of most if not all, symposiums in the corporate industry.
TOWER REIT: A COMMENTARY
In the Kuala Lumpur High Court case of Ketua Pengarah Hasil Dalam Negeri v Tower Real Estate Investment Trust [2023] 2 MLRH 583 (this case hereinafter referred to as “Tower REIT”) the Respondent Taxpayer in this case (“Taxpayer”) was a real estate investment trust (“REIT”) scheme that was constituted under a principal deed dated 17 …
NEW SALES TAX ON THE HORIZON
INTRODUCTION The Sales Tax (Amendment) Act 2022 (“Amending Act”) was passed by both Houses and received the royal assent in October 2022. With its passing, the Amending Act brings with it a new sales tax on low value goods (“LVG”) that are being sold on online marketplaces.
ARE ALL MATTERS REQUIRED TO BE PARTICULARISED IN A NOTICE/AGENDA OF A BOARD OF DIRECTOR’S MEETING? MUST THERE BE A FORMAL VOTING AND DELIBERATION PROCESS IN A BOARD OF DIRECTOR’S MEETING?…
Our Ms. Idza Hajar Ahmad Idzam assisted by Ms. Bailey Leong Pui Yee, Ms. Lee Sheen Yee and Mr. Yap Jia Cheng (acting on behalf of the Respondents i.e. Nationwide Express Holdings Berhad and 4 of its directors (at that material time)) had successfully resisted an appeal filed by the Appellant in the Court of …
WILL PROPOSED NEW S.106A EFFECTIVELY ENABLE THE INLAND REVENUE BOARD TO ACCESS TAXPAYERS’ BANK DETAILS WITHOUT WARNING?
INTRODUCTION On the 15th of December 2021, the Finance Bill 2021 (the “Bill”) was passed in the House of Representatives with a simple majority voice vote. The Bill was presented and laid before the House by YB Dato’ Indera Mohd Shahar bin Abdullah, the Deputy Finance Minister. Among the many provisions made in the Bill, …
MANDATORY MEDIATION CLAUSE IN A CONCESSION AGREEMENT: NOT SO MANDATORY AFTER ALL?…
The Court of Appeal in the case of Godell Parking Sdn Bhd v Majlis Bandaraya Petaling Jaya [2020] 6 MLJ 43 (the “Case”) decided on the applicability of what seems to be a mandatory dispute resolution for an amicable settlement clause in a Concession Agreement entered into between the parties.
TORT OF INDUCEMENT OF BREACH OF CONTRACT – “TALK TO MY LAWYER”…
In February 2020, the United Kingdom (UK) Court of Appeal clarified what “knowledge” or information is necessary in order to fall under the tort of inducing a breach of contract. This case was specifically in relation to a situation wherein an employer recruits an employee and receives legal advice regarding the enforceability of the employee’s …
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