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  • Article

    Mirror, Mirror On The Wall, Is This Comment Fair At All?

    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.
    MalaysiaLitigation, Mediation & Arbitration
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    Defamation - Whether The Photograph Mistakenly Published In A Newspaper Article Was Defamatory

    The respondent ("Kalairasi") sued the appellants ("PSSB") for defamation due to a misprint on an article in a newspaper known as Malaysia Namban (Sunday edition) owned and published by PSSB.
    MalaysiaLitigation, Mediation & Arbitration
    Jayadeep Hari & Jamil
Jayadeep Hari & Jamil
  • Article

    Stare Decisis: When Does It Bind?

    Stare decisis, defined as "to stand by things decided" in the Oxford Dictionary of Law (5th Ed), is a legal doctrine that obligates lower Courts to follow the decision made by a superior Court...
    MalaysiaLitigation, Mediation & Arbitration
    Shearn Delamore & Co.
    Shearn Delamore & Co.
  • Article

    Court Of Appeal Affirms That Industrial Court Has No Jurisdiction To Order Notice Pay

    In 2016, the Company, facing serious financial difficulties, was forced to retrench the Appellants from service with the Company ("the retrenchment exercise"). At the time...
    MalaysiaCorporate/Commercial Law
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    I've Been Served A Subpoenasubpoena!

    Imagine the following scenario - you are a HR Manager and you have been served with a subpoena to appear in Court to produce documents and to give evidence in relation to a former employee.
    MalaysiaLitigation, Mediation & Arbitration
    Jayadeep Hari & Jamil
    Jayadeep Hari & Jamil
  • Article

    High Court Rules That DGIR Is Under Duty To Give Reasons For Imposing A Substantial Increase In Tax Liability On A Taxpayer

    Recently, the Kuala Lumpur High Court in Government of Malaysia v Inoapps Sdn Bhd [2022] MLJU 2280 held that while it was bound by sections 103 and 106 of the Income Tax Act 1967 to enter a summary judgment ...
    MalaysiaTax
    Christopher & Lee Ong
    Christopher & Lee Ong
  • Article

    The Role Of Banks In Fraud And Asset Recovery Litigation

    In the course of a fraud litigation, it is not uncommon for the plaintiff to seek the banks' assistance to preserve the fraudster's assets in the banks pending trial...
    MalaysiaCriminal Law
    SKRINE
    SKRINE
  • Article

    Disputes Over Terms Of Settlement Underscore The Importance Of Robustly Drafted Settlement Agreements

    As the spotlight shines on mediated settlements with the signing of the Singapore Convention on Mediation on 7 August 2019
    MalaysiaLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Federal Court Decides To Keep Split Claims Within Jurisdiction Of Tribunal For Homebuyers Claims

    One of the questions before the Federal Court in Remeggious Krishnan v SKS Southern Sdn Bhd (1) was whether a "split claim" could be filed by a homebuyer with the tribunal for homebuyers claims...
    MalaysiaLitigation, Mediation & Arbitration
    Gan Partnership
    Gan Partnership
  • Article

    Key Amendments To The Industrial Relations Act 1967

    The Industrial Relations (Amendment) Act 2020 ("IRA 2020") made some crucial amendments to the to the Industrial Relations Act 1967 ("the Act") and the main amendments with...
    MalaysiaLitigation, Mediation & Arbitration
    Kevin Wu & Associates
    Kevin Wu & Associates
  • Article

    The Digital Evolution Of Paperless Documents In Court - The Amendment To Court Of Judicature Act 1964

    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.
    MalaysiaLitigation, Mediation & Arbitration
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    Property - Whether A Joint Management Body ("JMB") Can Be Formed After And/Or Co-Exist With An Existing Management Corporation ("MC")

    The 1st respondent ("Muafakat Kekal") was the developer of the residential condominium development known as Palm Spring Condominium @ Damansara ("the Condominium").
    MalaysiaReal Estate and Construction
    Jayadeep Hari & Jamil
    Jayadeep Hari & Jamil
  • Article

    Case Update: No Party Ought To Be Allowed To Stake A Case Or Defence Based On Its Own Default

    Facts Teoh Kok Seong (the ‘Appellant') had purchased a double-storey house from the Heesland Sdn Bhd (the ‘1st Respondent').
    MalaysiaLitigation, Mediation & Arbitration
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    "It's My Name!" – Federal Court Upholds Celebrity's Right To Sue For Passing Off For Use Of His Name

    In the case of Mohammad Hafiz bin Hamidun v Kamdar Sdn Bhd, the Federal Court held that a person with established goodwill in his name has the standing to commence an action for passing off against another ...
    MalaysiaCorporate/Commercial Law
    SKRINE
    SKRINE
  • Article

    Contract - Whether The Restraint Of Trade Clause In Partnership Agreement Contravened s.28 Contracts Act 1950 ("The CA 1950")

    The appellant ("MMS") was running a business of healthcare centres ("the said business") with the principal place of business at Bandar Baru Permas Jaya, Johor.
    MalaysiaCorporate/Commercial Law
    Jayadeep Hari & Jamil
    Jayadeep Hari & Jamil
  • Article

    You Are Fired! What You Need To Know About Constructive Dismissal

    "You're fired!" is an exclamation popularly associated to a situation whereby an employer informs his or her employee of the employee's dismissal or termination from the company.
    MalaysiaEmployment and HR
    Jayadeep Hari & Jamil
    Jayadeep Hari & Jamil
  • Article

    6 Steps To Enforce A Strata Management Tribunal Award

    Joint management bodies, management corporations, parcel owners and developers are regularly turning to the Strata Management Tribunal ("Tribunal") due to its efficiency...
    MalaysiaLitigation, Mediation & Arbitration
    MahWengKwai & Associates
    MahWengKwai & Associates
  • Article

    Contract - Whether SPA Only Obliged Developer To Deliver Vacant Possession And Not To Give 'Right Of Occupation' To Buyer Within 24 Months

    The 1st respondent ("Christopher") entered into a sale and purchase agreement ("SPA") with the applicant ("BODCO") to buy a building constructed by BODCO.
    MalaysiaCorporate/Commercial Law
    Jayadeep Hari & Jamil
    Jayadeep Hari & Jamil
  • Article

    Court Of Appeal Upheld High Court's Decision To Quash Industrial Court Award Of RM905,511.32 To A Resident Consultant Anaesthetist

    Quek Jian Long provides a commentary on a recent decision by the Court of Appeal on 15 July 2021 in Thomas Jothinayagam Harris v The Perak Chinese Maternity Association & Anor.
    MalaysiaLitigation, Mediation & Arbitration
    SKRINE
    SKRINE
  • Article

    Res Judicata And Declarations Relating To CIPAA Adjudication

    The plaintiff was a sub-contractor employed by the defendant to carry out the basement carcass works for a construction project.
    MalaysiaLitigation, Mediation & Arbitration
    Gan Partnership
    Gan Partnership
  • Showing 61–80 of 181 results

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