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  • Article

    Case Update: Federal Court Delivers Verdict On Compensation For Illegally Erected Buildings

    Facts There are three appeals laid before the Federal Court. Two of which are by Lembaga Lebuhraya Malaysia (the ‘Appellant') and the third is by MMC Tepat Teknik Sdn Bhd (the ‘2nd Respondent').
    MalaysiaReal Estate and Construction
    Zul Rafique & Partners
    Zul Rafique & Partners
  • 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

    Copyright Protection In Computer Software In Malaysia

    MalaysiaMedia, Telecoms, IT, Entertainment
    Henry Goh & Co. SDN. BHD
    Henry Goh & Co. SDN. BHD
  • 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

    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

    Stay-ing Within The Limits Of The Arbitration Clock!

    Time, for purposes of the Limitation Act 1953, stops to run upon commencement of a suit or other proceedings in a Court of law. However, what happens if the time bar sets in before the commencement...
    MalaysiaLitigation, Mediation & Arbitration
    Shearn Delamore & Co.
    Shearn Delamore & Co.
  • Article

    Federal Court: Illegitimate Child Cannot Be A Citizen By Operation Of Law

    The Federal Court in CTEB and CWB v Ketua Pengarah Pendaftaran Negara, Malaysia, Ketua Setiausaha Kementerian Dalam Negeri and Kerajaan Malaysia (Federal Court Civil Appeal No.: 01(i)-34-10/2019(W))...
    MalaysiaFamily and Matrimonial
    SKRINE
    SKRINE
  • 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

    Malaysia - Trade Mark - Important Updates

    MalaysiaCorporate/Commercial Law
    Henry Goh & Co. SDN. BHD
    Henry Goh & Co. SDN. BHD
  • 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

    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

    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

    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

    Court Of Appeal Determines That The Deadline For The Delivery Of An Arbitral Award Is Jurisdictional

    The Court of Appeal in the case of Ken Grouting Sdn Bhd v RKT Nusantara Sdn Bhd [2021] 2 CLJ 173 has held that an arbitration rule specifying the timeline for delivery of an arbitral award...
    MalaysiaLitigation, Mediation & Arbitration
    SKRINE
    SKRINE
  • Article

    High Court Clarifies Limits On Stay Conditions

    Pestech Technology Sdn Bhd was appointed by Lion Pacific Sdn Bhd as the sub-contractor for a project concerning the design, construction, equipping and maintenance of a railway.
    MalaysiaLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Malaysia's High Court Allows Judicial Inquiry Of Damages For A Wrongfully Granted Court-Ordered Injunction Without Awaiting The Outcome Of The Arbitration

    In Jaks Island Circle Sdn Bhd v Star Media Group Bhd and Another (Originating Summons No. WA-24C(ARB)-11-02/2018), ...
    MalaysiaLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Malaysian High Court Implies Additional Duties For Experts

    For the first time, the Malaysian High Court has found that party-appointed experts owe implied duties to the court. It is well-established that expert witnesses owe a duty to assist...
    MalaysiaLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP

Showing 41–60 of 288 results

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