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  • Article

    [IP] Special Alert: Court Of Appeal Reaffirms Test For Breach Of Confidence

    Earlier this week, the Court of Appeal unanimously allowed the appeal and entered judgment against 3 respondents for breach of confidence. The Court of Appeal agreed that ownership of confidential information is not a relevant consideration.
    MalaysiaLitigation, Mediation & Arbitration
    Lee Hishammuddin Allen & Gledhill
    Lee Hishammuddin Allen & Gledhill
  • Article

    Courts Of Judicature (Amendment) Act 2022

    Act A1661: Courts of Judicature (Amendment) Act 2022 which comes into operation on 1 October 2022. This is an Act to amend the Courts of Judicature Act 1964.
    MalaysiaLitigation, Mediation & Arbitration
    Zul Rafique & Partners
    Zul Rafique & Partners
Article

TRSB v KPHDN: High Court's Grounds Of Judgment

The High Court has recently issued its grounds of judgment for TRSB v KPHDN.
MalaysiaTax
Lee Hishammuddin Allen & Gledhill
Lee Hishammuddin Allen & Gledhill
  • Article

    Media Statement On The Return Of Loo Ai Swan (Jasmine)

    Our client recently surrendered herself to the Malaysian authorities. She was arrested, remanded, and is now in custody.
    MalaysiaLitigation, Mediation & Arbitration
    AmerBON
    AmerBON
  • Article

    Case Update: Malaysian Apex Court Answers Important Aspect Of The Law On Vicarious Liability

    Facts GMP Kaisar Security (M) Sdn Bhd ("Appellant") entered into a contract with a private limited company where GMP would provide the service of armed personal bodyguards. Subsequently, the Appellant
    MalaysiaEmployment and HR
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    Case Update: Pleadings And Documents Filed In Court Proceedings Are Shielded By Absolute Privilege From Defamation

    Facts Chan Yoke Yee ("1st Respondent") is a businesswoman. The 2nd Respondent is a senior lawyer while, Kinta Riverfront Hotel & Suites Sdn Bhd ("Appellant") runs a hotel in Ipoh.
    MalaysiaLitigation, Mediation & Arbitration
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    As Malaysia's Former PM Goes On Trial Regarding The 1MDB Scandal, Neil Williams Of Business Crime Solicitors Rahman Ravelli Emphasises The Need For Proper Internal Governance

    Malaysia's former Prime Minister Najib Razak has gone on trial over allegations relating to alleged corruption involving the sovereign wealth fund 1MDB.
    MalaysiaInternational Law
    Rahman Ravelli
    Rahman Ravelli
  • Article

    Kenyataan Media Berkenaan Kepulangan Loo Ai Swan (Jasmine)

    Anak guam kami telah menyerahkan diri kepada pihak berkuasa Malaysia baru-baru ini. Beliau telah ditangkap, direman dan kini berada dalam tahanan.
    MalaysiaLitigation, Mediation & Arbitration
    AmerBON
    AmerBON
  • Article

    Court Of Appeal Sets Aside Financial Penalties Imposed By MyCC On MAS And AirAsia

    The Competition Appeal Tribunal ("CAT") is an appellate authority and MyCC must abide by its decision.
    MalaysiaAntitrust/Competition Law
    SKRINE
    SKRINE
  • Article

    Case Update: Employee That Enters Into Negotiations For Severance And Agrees To The Terms Cannot Then Claim For Wrongful Dismissal

    Facts Felix Lee (the ‘Respondent') was employed as the Chief Executive Officer (‘CEO') of Matrix Global Education Sdn Bhd (the ‘Appellant').
    MalaysiaLitigation, Mediation & Arbitration
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    Case Update: Landmark High Court Case In Relation To An Alleged Defamatory Statement Over Imessage

    Facts The claim was filed by Pushparajan (the ‘Plaintiff') for damages against Chin Wai Yee (the ‘Defendant') for a defamatory statement which was allegedly sent by the latter...
    MalaysiaLitigation, Mediation & Arbitration
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    Case Update: Unreasonable To Hold That Routine Residential Construction Works Are Subject To Non-Delegable Duty

    Excavation Works – Damages – Underground Cable – Non-Delegable Duty of Care – Independent Contractors – Negligence...
    MalaysiaLitigation, Mediation & Arbitration
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    Case Update: Court's Jurisdiction Limited To Identifying Whether There Is Prima Facie Existence Of An Arbitration Agreement

    Facts Cockett Marine (the "Appellant") is a Singaporean company which supplies bunker fuel for shipping vessels. MISC Berhad (the "Respondent") is a bunker supplier and owner of a vessel...
    MalaysiaLitigation, Mediation & Arbitration
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    Case Update: Not The Role Of The Courts To Improve The Terms Of A Document As Contracts Are To Be Interpreted Objectively

    555 Film Sdn Bhd ("1st Plaintiff") is the producer of the film ‘Kongsi Raya' ("Film") while Adamancy Construction Sdn Bhd ("Respondent") is an investor.
    MalaysiaCorporate/Commercial Law
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    Case Update: Court Of Appeal Awards Reasonable And Appropriate Loss Of Profits In Wrongful Disconnection Of Electricity Case

    Facts Karun Klasik Sdn Bhd (the ‘Appellant') carried on business at a factory located on its premises which processes and freezes prawns mainly for export.
    MalaysiaLitigation, Mediation & Arbitration
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    Threat Of Disciplinary Action Is Not Coercion

    Resignation in the face of threatened disciplinary action will not constitute a forced or involuntary resignation.
    MalaysiaEmployment and HR
    Lee Hishammuddin Allen & Gledhill
    Lee Hishammuddin Allen & Gledhill
  • 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

    Settlement Discussions Are Inadmissible In Judicial Review

    The High Court held that settlement offers (and their rejections) are inadmissible as evidence, if those settlement discussions took place while conciliation proceedings were still ongoing.
    MalaysiaEmployment and HR
    Donovan & Ho
    Donovan & Ho
  • Article

    The Fall Of A Stack Of Patent Claims In Malaysia

    In patent practice, it is common to have at least one independent claim followed by at least one or more claims depending on the independent claim.
    MalaysiaIntellectual Property
    KASS International
    KASS International
  • Article

    Case Update: Court Decision That Is Delivered Without Written Grounds Has No Value As Precedents

    CRIMINAL PROCEDURE Law Firm - Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 – Seizing Order – Forfeiture – Legitimate Interest – Legal Fees – Decision – No written Judgement
    MalaysiaLitigation, Mediation & Arbitration
    Zul Rafique & Partners
    Zul Rafique & Partners
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