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  • Article

    Federal Court Clarifies Liability Of Two Or More Judgment Debtors Where The Words "joint And Several" Are Not Stated In The Judgment

    The liability of the judgment debtors is both joint and several by operation of law under Section 44(1) of the Contracts Act 1950.
    MalaysiaLitigation, Mediation & Arbitration
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  • Article

    Federal Court Examines The Latest Position In UK And In Malaysia In Relation To Whether A Person Can Hide Behind A Corporate Body Utilised For Fraudulent Or Unlawful Purposes

    The juristic principle comprising the bedrock of company law is the legal fiction that on incorporation, the corporate entity is clothed with a separate and distinct personality.
    MalaysiaLitigation, Mediation & Arbitration
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  • Article

    Worldwide Mareva Injunctions – An Update On Malaysian Law

    The liquidators of failed oil trader Hin Leong Trading ("HLT") have scored a significant win in their bid to recoup money from its founder, Lim Oon Kuin ("OK Lim"), and his family members.
    MalaysiaLitigation, Mediation & Arbitration
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  • Article

    Sale By Tender: When Does A Contract Arise?

    It is common practice for receivers or liquidators selling the assets of a company to conduct a sale by tender, issuing an Information Memorandum and inviting tenders from various parties.
    MalaysiaCorporate/Commercial Law
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  • Article

    A & M Beauty Wellness V Shopee: The Rise Of The Planet Of Counterfeit Products?

    It is beyond question that the COVID-19 pandemic has paved the way for rapid digital adoption across the globe.
    MalaysiaIntellectual Property
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  • Article

    CIPAA: Forward Or Backward?

    Loshini Ramarmurty explains the first reported case on the Construction Industry Payment and Adjudication Act 2012.
    MalaysiaReal Estate and Construction
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  • Article

    Fraudulent Trading - Directors' Personal Liability And The Duty Of Good Faith In Negotiations

    The Federal Court had the opportunity to consider novel questions of law concerning fraudulent trading under S 540, Companies Act 2016...
    MalaysiaCorporate/Commercial Law
    Lee Hishammuddin Allen & Gledhill
    Lee Hishammuddin Allen & Gledhill
  • Article

    I Am Not Your Lawyer! But Hey, Tell Me Your Secret…

    Look, you are here as an employee investigated by the company.
    MalaysiaEmployment and HR
    Shearn Delamore & Co.
    Shearn Delamore & Co.
  • Article

    The Waiting Game

    Loo Peh Fern and Siew Ka Yan explain a case of a hospital's liability for misinformation by its non-medically qualified staff.
    MalaysiaLitigation, Mediation & Arbitration
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  • Article

    Cholesterol: It's All About The Numbers, Even The Patents

    Dave Barry, a Pulitzer Prize-winning American author and columnist, was quoted as saying, "It is a scientific fact that your body will not absorb cholesterol if you take it from another person's plate".
    MalaysiaIntellectual Property
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  • Article

    LAD Claims Against Developers: Cases Since Ang Ming Lee

    In Ang Ming Lee & Ors v Menteri Kesejahteraan Bandar, Perumahan dan Kerajaan Tempatan & Anor and other appeals [2020] 1 MLJ 281, the Federal Court held that the Controller of Housing does not have the power to extend the completion time ...
    MalaysiaReal Estate and Construction
    MahWengKwai & Associates
    MahWengKwai & Associates
  • Article

    Admiralty Practice In Malaysia

    The Industry quickly embraced the Admiralty Court as a preferred means to resolve shipping disputes, as the Court possessed several important attributes.
    MalaysiaTransport
    Azmi & Associates
    Azmi & Associates
  • Article

    Statutory Assignment vs Equitable Assignment

    This article attempts to provide a brief overview of the differences between statutory assignment and equitable assignment
    MalaysiaLitigation, Mediation & Arbitration
    Azmi & Associates
    Azmi & Associates
  • Article

    Royalty Adjustment For Customs Valuation

    Recently, the High Court in UC Sdn Bhd v Ketua Pengarah Kastam, Malaysia set aside the uplifting of customs value by including royalty payments by the Customs.
    MalaysiaTax
    Lee Hishammuddin Allen & Gledhill
    Lee Hishammuddin Allen & Gledhill
  • Article

    Racing The Clock: Liquidated Ascertained Damages Claims Revisited In The Wake Of The Obata-Ambak Holdings Case

    On 29.7.2024, the Federal Court heard and decided on the case of Obata-Ambak Holdings Sdn Bhd v Prema Bonanza Sdn Bhd & Other Appeals [2024] CLJU 1657. While this case might be understood as a mere...
    MalaysiaReal Estate and Construction
    Azmi & Associates
    Azmi & Associates
  • Article

    Jurisdictional Focus: Recent Developments In Brunei Courts Underscores Judiciary Support For Arbitration

    Alastair Henderson, Priya Aswani and Kin-Hoe Loi have recently published an article in the Asian Dispute Review (October 2022 edition) on the recent developments in the Brunei courts...
    GlobalLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Legal Remedies For Scams

    The commercial crimes investigation department (CCID) of the Royal Malaysian Police (PDRM) reports that between 2020 and May 2022
    MalaysiaCriminal Law
    Kevin Wu & Associates
    Kevin Wu & Associates
  • Article

    Shipping Case Digest

    Eng Tou 110, a dumb barge ("Barge"), was towed by tugboat Inai Teratai 86 ("the Tug") along Sungei Loba Satubah, Sarawak when the Barge collided with the river bridge under construction by the plaintiff.
    MalaysiaTransport
    Lee Hishammuddin Allen & Gledhill
    Lee Hishammuddin Allen & Gledhill
  • Article

    Remote Hearings In The Time Of Covid-19

    On 23 April 2020, Malaysians saw for the second time a live broadcast of court proceedings wherein the Court of Appeal live streamed three appeals for the public to view.
    MalaysiaCoronavirus (COVID-19)
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  • Article

    A Personal Wrong Or A Corporate Wrong?

    This distinction may be challenging to apply in practice.
    MalaysiaCorporate/Commercial Law
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  • Showing 121–140 of 181 results

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