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  • 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

    Silent… Or Silenced: Minority Oppression Proceedings

    Idza Hajar Ahmad Idzam (assisted by Bailey Leong Pui Yee, Lee Sheen Yee and Yap Jia Cheng) from Zul Rafique & Partners' Litigation Practice Group had successfully acted for Ace Dynamic Team Sdn Bhd and its majority shareholder ...
    MalaysiaCorporate/Commercial Law
    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: 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
  • Article

    Case Update: Challenging An Adjudication Decision: Unveiling The Quest For A Stay

    Facts ASM Development (KL) Sdn Bhd (the 'Appellant') had engaged Econpile (M) Sdn Bhd (the 'Respondent'), for a construction project. Works were supposed to be completed by January 2018...
    MalaysiaReal Estate and Construction
    Zul Rafique & Partners
    Zul Rafique & Partners
  • 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

    Case Update: Malaysian Apex Court Sets Strong Precedent For Trade Union Movement

    Facts Ismail Nasaruddin (the "Appellant") was an employee of Malaysian Airline System Bhd ("MAS") for 25 years. At the material time, he was also the President of the National Union of Flight Attendants Malaysia ("NUFAM").
    MalaysiaEmployment and HR
    Zul Rafique & Partners
    Zul Rafique & Partners
  • 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

    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

    Case Update: Apex Court Upholds Decision To Save Taman Rimba Kiara

    Facts As the relevant local authority, the Datuk Bandar Kuala Lumpur (‘Appellant') granted a development order (‘Impugned Development Order') for a proposed development which comprises...
    MalaysiaReal Estate and Construction
    Zul Rafique & Partners
    Zul Rafique & Partners
  • 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: Employees Cannot Pursue Claims For Damages For Wrongful Dismissal Via The Civil Courts

    Facts Ashvine A/P Hari Krishnan (the ‘Respondent') was employed by 7-Eleven Malaysia Sdn Bhd (the ‘Appellant') as its Senior Manager of Human Resources in 2019.
    MalaysiaEmployment and HR
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    Anti-Sexual Harassment Bill: Update

    Earlier this year, we celebrated the tabling of the Anti-Sexual Harassment Bill 2021 (the "Bill") for its first reading in the Dewan Rakyat on 15 December 2021. (Read our previous article here).
    MalaysiaGovernment, Public Sector
    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

    Brief Case - Rutinin Suhaimin v PP [2015] 3 CLJ 838, High Court, Sabah & Sarawak

    CYBER LAW – Offensive remark made against Sultan of Perak
    MalaysiaMedia, Telecoms, IT, Entertainment
    Zul Rafique & Partners
    Zul Rafique & Partners
  • 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

    Judicial Review Proceedings Cannot Be Used As A Cloak For What Is In Essence An Appeal.

    The Appellant was first employed as Messenger/Driver of the Bank in 1988. The Appellant was then promoted in 1994 to Clerk/Typist/Cashier and was assigned with duties such as Savings Accounts, Current Accounts and Clearing duties.
    MalaysiaLitigation, Mediation & Arbitration
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    Sorry, Out Of Time!: Leave Application For Judicial Review Was Dismissed Due To Inordinate Delay In Filing The Application & Ignorance Of The Law Is Not An Acceptable Reason

    Teoh Alvare together with Loh Qiao Wen from Zul Rafique & Partners' Employment and Industrial Relations Practice Group successfully represented Pertubuhan Peladang Kebangsaan...
    MalaysiaEmployment and HR
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    Tower REIT: A Commentary

    In the Kuala Lumpur High Court case of Ketua Pengarah Hasil Dalam Negeri v Tower Real Estate Investment Trust [2023] 2 MLRH 583 (this case hereinafter referred to as "Tower REIT") the Respondent...
    MalaysiaFinance and Banking
    Zul Rafique & Partners
    Zul Rafique & Partners

Showing 21–40 of 59 results

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