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Publications & News


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,...


Sexual Harassment In The Workplace: Implications And Ways To Address It
The topic of sexual harassment in the workplace is still a prevalent topic to date. Research has shown that chronic stress caused by...


From Tweets To Torts: Defamation In The Age Of Social Media
We do not often consider the impact of our words, at least not in the strictly legal sense. Yet, across centuries and cultures, the value...


The Future Of Corporate Dynamics: Exploring Nominee And Anonymous Shareholders
In today's corporate landscape, the roles of nominee shareholders and anonymous shareholders are undeniably significant. While both...


Shielding Defamation: Absolute Privilege In The Courtroom
In the realm of legal proceedings, a powerful shield known as absolute privilege stands guard, providing robust protection to statements...


Country Garden Pacificview Case: Dispute Over Refund Upon Cancellation Of SPA
When a developer fails to deliver vacant possession within the stipulated time as stated in the sale and purchase agreement (SPA), the...


Understanding A Director’s Rights: Inspection Of Accounting And Other Records
Section 245 of the Companies Act 2016 (CA 2016) provides for a company and for its directors and manager to keep and maintain accounting...


Gold-Plated Deception: Exposing Moneylending Agreements Disguised As Gold Sales
In the realm of investments and financial transactions, what meets the eye may not be the legal reality. The Court of Appeal has recently...


Half-Truth As A Whole Lie
The present information age is characterised by the abundance of information and minimal restrictions on access and control thereof. The...


Whether Caveatable Interest Can Be Granted Under An Agreement To Purchase?
A caveat may be entered by the Registrar on the register document of land title to prohibit the enforcement of registration, endorsement,...


Who Decides The Validity Of An Arbitration Agreement?
The doctrine of kompetenz-kompetenz is reflected in Section 18 of the Arbitration Act 2005[1], in which the arbitral tribunal may rule on...


Procedural Fairness In The CIPAA 2012 Statutory Adjudication
In Ssangyong Engineering & Construction Co Ltd v Oxley Rising Sdn Bhd and Another [2023] MLJU 404, the High Court set aside an...


Unraveling The Enigma Of "Lot Untuk Orang Melayu" In Land Ownership
Embarking on the complex journey of land ownership in Malaysia reveals a tapestry woven with historical, ethnic and legal intricacies....


Can Receivers and Managers Appointed Pursuant to Debentures Be Injuncted From Exercising Their Powers?
Recently, the High Court dismissed an interim injunction application by a pharmaceutical company (Borrower) to restrain its receivers and...


Striking Out: Pleadings Stuck Off Due To Prolixity
A striking out order (Order) is often described to be a draconian order. In this regard, the UK Supreme Court in the case of Summers v...


Public Consultation On The Use Of ISSB Standards In Malaysia
On 8 January 2024, the Securities Commission (SC) announced that the Advisory Committee on Sustainability Reporting (ACSR) will be...


A Claim Of Trespass Over Compulsorily Acquired Land: Locus Standi
Recently, RDS successfully represented the largest electricity provider in Malaysia in striking out a claim for alleged trespass over...


Re-tabling Of The Environmental Quality (Amendment) Bill 2023
On 5 October 2022, the Dewan Rakyat passed the Environmental Quality (Amendment) Bill 2022 (2022 Bill) which, increases the penalties...
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