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Publications & News


Revisiting The Au Kean Hoe Case: Should Residents Be Made To Suffer Inconvenience If They Fail To Pay Their Maintenance Charges?
The Federal Court in Au Kean Hoe v Persatuan Penduduk D’villa Equestrian [2015] 4 MLJ 204 involves a case where the residents’...


Evaluating The Impact Of The Cyber Security Act 2024
It is no surprise that as technology advances and evolves, the risk of cyber threats inevitably grows. Several online attacks and data...


Ownership And Access: Understanding Medical Records In Malaysia
Generally, comprehensive and clear medical records are the distinguishing feature of a good medical practice. A patient’s medical records...


Commentary On Tay Keong Kok & Ors v Eastmont Sdn Bhd: “Fraudulent Trading” Under Section 540 of the Companies Act 2016
This alert discusses the recent Court of Appeal ruling in Tay Keong Kok & Ors. v Eastmont Sdn. Bhd., Civil Appeal No.:...


A Sigh Of Relief For Housing Developers?
The Federal Court today delivered a unanimous decision in respect of issues on liquidated ascertained damages (LAD) claims post the Ang...


Impact of Artificial Intelligence On Intellectual Property Rights
The digital revolution has fundamentally transformed intellectual property (IP) law in recent years, especially with the significant...


Can A Management Corporation Impose Different Rates Of Maintenance Charges And Sinking Fund On Different Parcels?
Under the Strata Management Act 2013, the amount of maintenance charges and sinking fund to be paid is determined “in proportion to the...


Impact Of Arbitration Agreement Relating To Disputed Debts On Fortuna Injunction
A fortuna injunction is an injunction to restrain the filing of a winding-up petition. It bears its name from the case of Fortuna...


Beneficial Ownership Reporting Requirements: Amendments To The Companies Act 2016
As businesses may also be misused to finance serious offences such as money laundering, terrorism, proliferation financing, and other...


Defending A Defamation Claim
Defamation is a legal concept recognised under the Defamation Act 1957 which aims to protect an individual’s reputation. This right is...


Want Of Consideration: Can Parties Mutually Agree To Vary An Existing Contract?
It is commonplace that contracting parties will document their meeting of minds into a written agreement for formality and ease of...


Environmental, Social and Governance Agenda Amongst PLCs
ESG encapsulates a powerful trinity of principles that have evolved from being a mere corporate buzzword into a business framework which...


Leave Application To Commence Derivate Actions Explained By The Federal Court
Derivative action is an action commenced on behalf of a company, especially in cases of “fraud on the minority” and “wrongdoers in...


Contemporaneous Documentary Evidence In The Face Of Conflicting Oral Evidence
In the complex world of legal disputes, where truth is often obscured by the fog of conflicting narratives, one might overlook the humble...


Common Corporate Exercises By Listed Companies
Companies often embark on a spectrum of corporate exercises designed to bolster their market standing, drive shareholder value and adapt...


Elevated Standard Of Conduct For Capital Market Intermediaries
On 29 March 2024, the Securities Commission Malaysia (SC) issued the revised Guidelines on Conduct for Capital Market Intermediaries...


Reinsurance Contracts: Reconciling “The Claims Co-Operation Clause” And “Follow The Settlement Clause”
Reinsurance is essentially insurance that a reinsurance company (reinsurer) undertakes to assume the risks of another insurance company...


Can A Company Be Wound-Up Based On Adjudicated Decision Under The CIPAA 2012?
Once a valid and enforceable judgment has been obtained by one party against another, a winding-up court will not revisit the judgment to...


Multi-Tiered Dispute Resolution Clauses – Potholes or Prudence
Multi-tiered dispute resolution clauses have become a ubiquitous feature in commercial contracts, offering parties an alternative avenue...


The Liability Of Private Hospitals In Medical Negligence Cases
In medical negligence cases, once negligence by the doctor has been established, the dispute then focuses on who should pay the damages,...
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