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  • Article

    Malaysian High Court Considers The Legality Of An Underlying Contract Which Was The Subject Of Arbitration

    In Calibre M&E Sdn Bhd v PT Cooline HVAC Engineering (Originating Summons Nos. WA-24C(ARB)-47-09/2017 and WA-24C(ARB)-49-10/2017),
    MalaysiaLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Public Auction Derailed By Movement Control Order?

    The Plaintiff averred that the extension of time applied for was merely to substitute the 50 days lost as a result of the MCO.
    MalaysiaLitigation, Mediation & Arbitration
    SKRINE
    SKRINE
Article

Supply Chain Liability Case Against Dyson Can Proceed In England

As explained in our previous article (Dyson Group wins jurisdictional battle in the English court over migrant worker ESG claims: what next for supply chain liability?)...
MalaysiaLitigation, Mediation & Arbitration
Enyo Law LLP
Enyo Law LLP
  • Article

    Case Update: No Duty Of Care Owed By Financial Institutions To Non-Customers

    Facts In 2013, Lotfi Bin Maskam approached Koperasi Sahabat Amanah Ikhtiar Berhad (the 'Respondent') and had represented that he was an officer, representative, or agent of RHB Investment Bank Berhad...
    MalaysiaLitigation, Mediation & Arbitration
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    Malaysian Federal Court Rules That Amendment During Litigation Is Not Allowed

    In a new development, the Federal Court in Malaysia has held that due to the nature of the local legislation, when an independent claim in a patent is held to invalid, the dependent claims will also fall.
    MalaysiaIntellectual Property
    Marks & Clerk
    Marks & Clerk
  • Article

    Case Update: Appellate Ruling Sheds Light On Professional Negligence And Loss Of Opportunity Claims

    Facts Malayan Banking Berhad (the 'Appellant') gave a banking loan facilities to CSPM Technology Sdn Bhd (the 'Borrowers') which have been personally guaranteed by Chin Kwong Wah...
    MalaysiaLitigation, Mediation & Arbitration
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    Applications To Transfer Cases – A New Twist To The Tale?

    The cause of action arose in Kelantan as the lands were situated in Kelantan and the private caveats were entered at the Land and Mines Office, Kelantan.
    MalaysiaLitigation, Mediation & Arbitration
    SKRINE
    SKRINE
  • Article

    CIPAA Adjudication – To What End?

    When the Construction Industry Payment and Adjudication Act 2012 ("CIPAA") came into force on 15 April 2014, the construction industry was stoked and at the same time sceptical.
    MalaysiaLitigation, Mediation & Arbitration
    Chooi & Company
    Chooi & Company
  • Article

    Federal Court: Time For Delivery Of Vacant Possession Runs From Date Of Payment Of Booking Fee

    The Federal Court today authoritatively determined that for the purposes of calculating liquidated and agreed damages (‘LAD') under a statutory form contract prescribed in the Housing Development...
    MalaysiaLitigation, Mediation & Arbitration
    SKRINE
    SKRINE
  • Article

    Tax Case Update — JT Broadway Sdn Bhd ("Taxpayer") V Director General Of Customs ("Customs") And The Customs Appeal Tribunal ("Tribunal")

    Recently, the High Court ruled in JT Broadway Sdn Bhd ("taxpayer") v Director General of Customs ("Customs") and Customs Appeal Tribunal ("Tribunal")...
    MalaysiaTax
    Shearn Delamore & Co.
    Shearn Delamore & Co.
  • Article

    Case Update: High Court Has Discretion To Make Other Orders As The Court Thinks Fit In A Winding-Up Petition

    Ambank Islamic Berhad (the ‘Respondent') filed a Winding up Petition at the High Court of Kuala Lumpur and served on Prolink Marketing Sdn Bhd (the ‘Appellant').
    MalaysiaCorporate/Commercial Law
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    Case Update: Balancing Community Safety And Individual Rights In A Guarded Community

    Lim Keng Jit is an authorized officer of the Residents Association of Parkville Sunway Damansara. The Respondent is the Majlis Bandaraya Petaling Jaya, the relevant local council under the Local Government Act 1976.
    MalaysiaGovernment, Public Sector
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    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
  • Article

    Key Updates In Citizenship & Family Law

    Our team ended the year 2021 by successfully setting a landmark precedent in the Federal Court in the case of CCH & Anor v Pendaftar Besar Bagi Kelahiran dan Kematian, Malaysia [2022] 1 MLJ 71 ("CCH").
    MalaysiaFamily and Matrimonial
    MahWengKwai & Associates
    MahWengKwai & Associates
  • Article

    Liquidator's Duty To Tax Cost

    A question which company liquidators occasionally ask is whether all the bills of the solicitors, accountants, auctioneers, brokers or other persons, who have provided services to the liquidators, have to be taxed...
    MalaysiaInsolvency/Bankruptcy/Re-Structuring
    Azman, Davidson & Co
    Azman, Davidson & Co
  • Article

    Apex Court In Malaysia Dismissed MyCC's Bid To Review MYR10 Million Market Sharing Case Against MAS And AirAsia

    On 1 November 2023, the Federal Court, presided over by YAA Tan Sri Abang Iskandar Abang Hashim and hearing together with YA Datuk Zabariah Mohd Yusof and YA Datuk Harmindar Singh Dhaliwal.
    MalaysiaLitigation, Mediation & Arbitration
    Wen & Co
    Wen & Co
  • Article

    Winding Up A Company Based On A CIPAA Adjudication Decision

    The successful party in adjudication proceedings can commence winding-up proceedings against the losing party based on the adjudication decision.
    MalaysiaLitigation, Mediation & Arbitration
    MahWengKwai & Associates
    MahWengKwai & Associates
  • Article

    Is Public Interest Litigation Becoming More Prevalent In Malaysia?

    Providing a stimulus to the growth of a good public administration should in turn benefit the citizens as a whole in their dealings with public authorities.
    MalaysiaLitigation, Mediation & Arbitration
    Azmi & Associates
    Azmi & Associates
  • Article

    Language Barrier Claim Does Not Undo Admissions Made During Disciplinary Proceedings

    The Industrial Court has upheld the dismissal of a long-serving employee who attempted to remove company property without authorisation, rejecting the employee’s contention that his admissions...
    MalaysiaEmployment and HR
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Instruments Of Transfer For Renunciation Of Entitlement In Respect Of Intestate Estate Attract Nominal Stamp Duty

    The deceased died intestate leaving, amongst others, five pieces of lands ("Lands") to his wife and two children.
    MalaysiaLitigation, Mediation & Arbitration
    SKRINE
    SKRINE
  • Showing 21–40 of 181 results

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