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  • Article

    Case Update: Homebuyer Claims Tribunal Can Hear Split Claims For Distinct Matters

    Facts Remeggious Krishnan (the ‘Appellant') agreed to purchase a property unit from SKS Southern Sdn Bhd (the ‘Respondent'), who was the developer of a residential project in Johor Bharu.
    MalaysiaReal Estate and Construction
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    Case Update: Illegitimate Child Entitled To Inheritance From Parent Who Died Intestate

    Facts This dispute arose following the death of Tan Kah Yong (the ‘Deceased') where he left behind a wife to which he was married to under the Law Reform (Marriage & Divorce)...
    MalaysiaFamily and Matrimonial
    Zul Rafique & Partners
    Zul Rafique & Partners
  • 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

    Case Update: Limitation Act Does Not Apply To A Proof Of Debt That Is Accepted And Not Formally Rejected By A Liquidator

    Facts By a Shareholders'Agreement, UEM Group Berhad formerly known as United Engineers (Malaysia) Berhad (UEM) and Genisys Integrated Engineers Pte Ltd (‘the Appellant') agreed...
    MalaysiaCorporate/Commercial Law
    Zul Rafique & Partners
    Zul Rafique & Partners
  • 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

    Case Update: Industrial Court Cannot Toss Aside Workman's Claim Without Hearing Solely Because Absence Of Reinstatement Remedy

    Facts Norahayu Bt. Rahmad (the ‘1st Respondent') claimed that she had been appointed in 2018 by Ace Holdings Bhd. (the ‘Appellant') to be the Appellant's Vice President.
    MalaysiaEmployment and HR
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    New Sales Tax On The Horizon: Not An April Fools' Joke!

    The Sales Tax (Amendment) Act 2022 ("Amending Act") was passed by both Houses and received the royal assent in October 2022. With its passing, the Amending Act brings with it a new sales tax...
    MalaysiaTax
    Zul Rafique & Partners
    Zul Rafique & Partners
  • 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

    The Mode To Challenge An Industrial Court Award: Appeal Or Judicial Review

    Recently, the High Court of Penang has resolved the confusion on the correct mode to challenge an Industrial Court Award in the High Court
    MalaysiaEmployment and HR
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    You Can't Touch This: Principle Of Restrictive Doctrine Of Sovereign Immunity In An Employment Dispute

    In The United States of America v Subramaniam a/l Letchimanan, the Malaysian Federal Court discussed the doctrine of sovereign immunity and whether the forum to decide the applicability of the doctrine in the context of an employee's claim ...
    MalaysiaEmployment and HR
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    Lorry Drivers – Independent Contractors Or Employees?

    The Labour Court in Nadushalian & 4 Ors v Offimo Marketing Sdn Bhd considered whether lorry drivers could fall within the definition of "employee" within the Employment Act 1955 and thus entitling them to rest day pay and public holiday pay.
    MalaysiaEmployment and HR
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    Does The Absence Of A Residuary Clause In A Will Result In Partial Intestacy Over Any Part Of A Deceased's Estate?

    The Federal Court in Kalwant Singh A/L Ujagar Singh & Anor v Jaswant Kaur A/P Ujagar Singh A/P Ujagar Singh & Ors [2022] 3 MLJ 184 revolved around the issue of whether the absence of a residuary clause in a will results in partial intestacy ...
    MalaysiaFamily and Matrimonial
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    Case Update: Federal Court Invalidates Unfavourable Pension Adjustment Law

    Facts Aminah binti Ahmad (the ‘Respondent'), is a pensioner who served the Government of Malaysia (the ‘1st Appellant') for more than 33 years.
    MalaysiaGovernment, Public Sector
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    Exploring The Emerging Impact Of ESG Factors On Corporations And Financial Institutions

    The term Environmental, Social and Governance ("ESG") is currently in the limelight of most if not all, symposiums in the corporate industry.
    MalaysiaCorporate/Commercial Law
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    Out Of Bounds: Employee Dismissed For Attending Golf Trip

    Our Partner, Wong Keat Ching and Associate, Wong Yen Ni, from our Employment & Industrial Relations practice group have successfully acted for PETRONAS ("the Company") in an unfair dismissal claim...
    MalaysiaCorporate/Commercial Law
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    The Voices Of The Exploited: Undocumented Migrant Workers' Right To File A Claim In Labour Court

    Recently, the Court of Appeal has affirmed the High Court's decision of Fice Fransina Nenobais v. Lee Hee Chooi[1] which ruled in favour of an undocumented migrant worker to file a claim for unpaid wages in the Labour Court.
    MalaysiaEmployment and HR
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    Briefing - The Net Effect

    The Netting of Financial Agreements Act 20151 came into force on 30 March 2015.
    MalaysiaFinance and Banking
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    Briefly - Guidelines/Rules/Circulars/Directives And Practice Notes Issued Between April And June 2015 By Bank Negara Malaysia, Bursa Malaysia And Securities Commission Malaysia

    Guidelines on Liquidity Coverage Ratio
    MalaysiaFinance and Banking
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    In Brief - BNM: New Rule On R & R Loans

    With effect from September 2015, Malaysian households will be required to practise mandatory garbage separation, an initiative which is intended to benefit the environment.
    WorldwideFinance and Banking
    Zul Rafique & Partners
    Zul Rafique & Partners

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