Injunctions are court orders that either require specific actions (mandatory injunctions) or prohibit certain actions (prohibitory injunctions). These orders are crucial for maintaining rights and ensuring the status quo until a final resolution. Breaching an injunction may result in contempt proceedings, which carry serious legal and personal consequences. But here is the catch, for contempt proceedings to succeed, the terms of the injunction must be clear, specific and un

In assessing contractual damages, the traditional Malaysian approach distinguishes strictly between expectation loss—the value of the bargain—and reliance loss—expenditure wasted due to the breach. This dichotomy requires claimants to elect between the two, on pain of having their claims struck for uncertainty. The most recent pronouncement on reliance and expectation losses in Malaysia is China Comservice (Hong Kong) Ltd v Sediabena Sdn Bhd [2024] 4 MLJ 684. The Court of App

History taking remains one of the most critical components of clinical assessment, guiding the formulation of differential diagnoses, informing appropriate investigations and determining safe as well as effective treatment plans. A thorough medical history can, in some cases, account for up to 70% of diagnoses, even before any physical examination or diagnostic testing. In addition to eliciting symptoms, good history taking uncovers relevant comorbidities, risk factors, all

The Cross-Border Insolvency Bill 2025 (Bill), which was passed recently by the Dewan Rakyat on 29.7.2025, marks a long-awaited development in aligning the country’s insolvency framework with international standards. Based on the UNCITRAL Model Law on Cross-Border Insolvency 1997 (UNCITRAL Model Law), the Bill introduces a legal mechanism for cooperation between Malaysian and foreign courts in insolvency matters. Prior to the introduction of this Bill, Malaysia had no formal s

The breakdown of trust between shareholders often marks the beginning of a corporate battle. In these bitter fallouts, aggrieved shareholders frequently seek recourse under Section 346 of the Companies Act 2016 (CA 2016), which provides relief against conduct that is oppressive, unfairly discriminatory or prejudicial. Yet a critical question arises: when does corporate wrongdoing or mismanagement cross the threshold into shareholder oppression? Recently, the High Court in

When most people hear the term “invention,” they immediately think of patents. Yet, nestled alongside patents is a lesser‑known but equally important form of protection: utility innovation (UI). Also known in other jurisdictions as utility models, petty patents, design patents or innovation patents, UI provides a viable alternative for protecting technical advancements that may not meet the stringent standards of patentability. What Exactly Is An UI? Under the Section 17 of

Section 30 of the Construction Industry Payment and Adjudication Act 2012 (CIPAA) provides a statutory mechanism for a successful party in an adjudication (usually a subcontractor) to request direct payment of the adjudicated sum from the principal, in the event the unsuccessful party (usually a main contractor) failed to pay. The successful party must establish the following elements to successfully invoke Section 30: • an adjudication decision has been obtained in its f

Environmental, Social, and Governance (ESG) considerations are increasingly shaping the way businesses operate, invest and manage risk. What began as a framework for voluntary corporate responsibility is now embedded into regulatory regimes, investment criteria, and stakeholder expectations. Contracts are emerging as a critical mechanism for companies to implement ESG commitments – whether in supply chains, joint ventures, service arrangements, or transactions. In fact, ESG-r

The integration of technology into healthcare has improved drastically in recent years. As consultations, diagnoses, medical records and even prescriptions move online, the legal framework government telemedicine, or lack of it, is being tested in real time. The traditional in-person or face-to- face consultation with a practitioner is no longer the sole method of accessing general practice services in Malaysia. Once considered a supplementary tool for rural outreach, telem

The recent Court of Appeal decision in Setia Awan Management Sdn Bhd v SPNB Aspirasi Sdn Bhd [2025] CLJU 982 has added a significant dimension to Malaysian arbitration jurisprudence. This decision affirms that an arbitration clause which provides an option to litigate or arbitrate is nonetheless a valid arbitration agreement once a party exercises the option to arbitrate. This ruling is a strong endorsement of party autonomy and judicial minimalism, reinforcing Malaysia's

Personal Data Security LLMs are trained on extremely large datasets of text, enabling them to learn intricate language patterns and nuances. LLMs are designed to continuously learn and evolve by storing data that has been fed into the system. This raises concerns regarding personal data protection, which falls under the Personal Data Protection Act 2010 (PDPA). In order to develop a more efficient and accurate LLM system, companies may unlawfully collect and process personal

In PJD Regency Sdn Bhd v Tribunal Tuntutan Pembeli Rumah & Ors and Other Appeals [2021] 2 CLJ 441, the Federal Court held that vacant possession delivery date is to be computed from the date of booking fee. What would be the case where the booking fee was paid in the form of a cheque, which was not banked in by the Developer? The recent Court of Appeal in B.U. Development Sdn Bhd v Adeline Tan Kean Sim [2025] CLJU 637 discusses this issue. Facts The purchaser gave th

Fraudulent scams have become increasingly prevalent where victims voluntarily transfer funds to scammers whom they genuinely believe to be legitimate at the time of payment. This reality renders the recovery of funds from banks to be extremely challenging, if not impossible. Consequently, the primary recourse for victims often lies in pursuing recovery directly from the fraudsters themselves. Fraudulent scams invariably involve elements of fraud and illegality. In such circ

Most construction projects involve drawn-out legal disputes that sometimes span years and frequently include parties filing countless lawsuits, adjudications, arbitrations, appeals and so forth. In the process, necessarily, there will be winners and “runners-up”. However, what happens when these “ runners-up ” face winding-up proceedings over outstanding judgment debts? Recently, High Court in Lucksoon Metal Works Sdn Bhd v Propel Synergy Sn Bhd [2025] MLJU 110, the Hig

An aggrieved patient may pursue a medical negligence claim when their complaint relates to the standard of clinical care they received and it is alleged that this care fell below an acceptable standard. However, not all patient grievances amount to a medical negligence claim. In some cases, dissatisfaction may stem from the conduct or attitude of a medical practitioner, healthcare worker or other staff members at a private healthcare facility. A patient may also be aggrieved

Recently, our Senior Associate, Muhamad Sharulnizam Mohd Roni, successfully represented MBSB Bank Berhad in Syed A Faris Aljunid v MBSB Bank Berhad (Award No: 451 of 2025). This case not only reaffirmed the Bank's right to exercise managerial prerogative during probation but also underscored the importance of clear performance expectations and structured assessments for senior-level probationers. Brief Facts The claimant, Syed A Faris Aljunid, was employed as a Senio

The Urban Renewal Bill 2024 was tabled to provide a comprehensive and uniform legal framework to promote the mechanisms for urban redevelopment, regeneration and revitalisation. The Bill aims to align Malaysia's urban planning law with the objectives of sustainable development. The Urban Renewal Bill 2024 is applicable to Peninsular Malaysia and the Federal Territories of Putrajaya and Labuan. The Bill is not applicable to the conservation area under the Heritage Act 2005.

A Fortuna injunction is an equitable remedy used to restrain the presentation or advertisement of a winding-up petition on the consideration that such a petition, if presented based on a disputed debt, may cause irreparable harm to the company. The recent High Court decision in Perusahaan Otomobil Nasional Sdn Bhd v UCM Automotive Systems Sdn Bhd [2025] CLJU 846 (the Proton case) reaffirms the well-established test applicable to Fortuna injunction under Malaysian law. The

The Court of Appeal’s ruling in Queensway Nominees (Asing) Sdn Bhd & Ors v ISM Sdn Bhd [2024] MLJU 2985 provides guidance for minority shareholders who seek remedies for oppression by the majority shareholders. This alert discusses how a minority shareholder may successfully prove the existence of a “quasi-partnership” in a company. Salient Facts The Plaintiff, ISM Sdn Bhd (ISM) was a company owned by Dato’ Ray Cheah and his wife, Datin Teoh. They were also the directo

The Court of Appeal’s recent ruling in Dato’ Sri Andrew Kam Tai Yeow v Raub Mining & Development Company Sdn Bhd & Raub Oil Mill Sdn Bhd has brought clarity on director retirement and re-election processes. When a company director is due to retire at an impending general meeting, can the director be deemed to have retired upon the expiry of the period in which the meeting ought to have been convened, if the meeting could not be held for some reason? Background Facts