Short term rental (STR) services such as Airbnb.com and Booking.com have long presented a conundrum to strata communities. Generally speaking, property owners are free to deal with their property as they see fit, reflecting the adage that 'a man’s home is his castle.' However, in the context of strata developments, STR operations by select parcel owners may impose an undue burden on the development’s local community ranging from an increase in maintenance costs to private n

A Mareva injunction is a court order that freezes a litigant’s assets to prevent them from being dissipated or removed from the jurisdiction while legal action is ongoing. Recently, in Maxi Wonder Sdn Bhd & Ors v DCS Trading Sdn Bhd [WA-22NCC-110-02/2024], the High Court considered whether a Mareva injunction application by the defendant against the plaintiffs should be granted. The Law On Mareva Injunction In Maxi Wonder , the High Court applied the established three-pro

In medical negligence claims, the plaintiff is generally required to prove that the doctor failed to meet the expected standard of care, which caused the plaintiff harm. Given that this issue falls predominantly within the domain of medical science, the court ordinarily would rely heavily on the evidence of medical experts appointed by the parties. Section 45 of the Evidence Act 1950 (EA 1950) states: “(1) When the court has to form an opinion upon a point of foreig

In Target Term Sdn Bhd v Waldorf and Windsor Management Corporation and Another appeal [2024] 6 MLJ 598, the Court of Appeal affirmed the validity of a commercial car park business using the car parks accessorised to an apartment unit. This decision overruled the earlier Court of Appeal decision in Ideal Advantage v Perbadanan Pengurusan Palm Spring @ Damansara [2020] 4 MLJ 93, which held that the use of such accessory car park parcels constitutes “dealing” which is prohibite

On 28 April 2025, the Data Sharing Act 2025 (Act) officially came into force, marking a significant milestone in Malaysia’s evolving data governance framework. The Act, which received Royal Assent on 5 February 2025 and was gazetted on 20 February 2025, establishes a structured regulatory framework for data sharing among public sector agencies. This landmark legislation aims to enhance transparency, improve data security and drive operational efficiency in public sector data

Environmental, social and governance (ESG) criteria have emerged as essential metrics to assess the ethical impact of businesses and organisations on society. ESG factors are no longer solely the realm of corporate responsibility but have expanded to influence numerous sectors, including the legal system. The increasing importance of ESG in business practices has direct implications for the judicial system, particularly regarding judicial independence — the principle that jud

The rising prevalence of smoking, particularly among minors, has led to the enactment of the Control of Smoking Products for Public Health Act 2024 (Act). Previously, the absence of standalone legislation left e-cigarettes and vaping devices in a regulatory gray area, inadvertently facilitating youth smoking initiation. This new Act aims to provide a comprehensive framework for regulating all smoking products in Malaysia. However, with the removal of the Generational End Game

There is a distinction between familiarity and influence peddling. While the former is commonplace in business dealings, the latter undermines public trust and is contrary to public policy. The Federal Court in Merong Mahawangsa Sdn Bhd & Anor v Dato’ Shazryl Eskay bin Abdullah [2015] 5 MLJ 619 established that an agreement to provide services to influence a public decision-maker in awarding a contract is contrary to public policy and therefore void under Section 24(e) of th

The Court of Appeal, in TransferWise Ltd v Public Bank Berhad [2025] 2 CLJ 765, delivered a landmark judgment on the revocation of trademarks under Section 46(1)(a) of the Trademarks Act 2019 (TMA 2019). This decision clarified the definition of an “aggrieved person”, established the burden of proof in non-use revocation cases and outlined the extent to which the court can revoke or limit the scope of goods and services in cases of partial revocation. Brief Background P

The recent Court of Appeal decision in SPM Energy Sdn Bhd & 1 Ors v Multi Discovery Sdn Bhd [2025] MLJU 515 underscores a crucial lesson for litigants and practitioners – namely, the importance of careful drafting in pleadings. This case highlights how admissions, once made in pleadings, cannot be easily retracted or explained. It also demonstrates the far-reaching consequences of such admission on the outcome of the hearing. Brief Facts The contractual relations between

Dental negligence claims are not uncommon in Malaysia, with legal actions being initiated against dentists over the years. Patients have several avenues to pursue claims of alleged negligence, including filing a civil lawsuit or lodging a complaint with the Malaysian Dental Council. Additionally, dental practitioners and/or dental clinics may face criminal prosecution for negligent misconduct1. Legal proceedings can have serious consequences for dentists, including reputation

The Court of Appeal in Ideal City Development Sdn Bhd v Tribunal Pengurusan Strata Putrajaya, Wilayah Persekutuan considered the issue of whether the Strata Management Tribunal can grant an order to compel a developer to supply documents to an individual parcel owner in a stratified development. Facts The 2nd Respondent (the unit owner) filed a complaint against Appellant (the developer) with the 1st Respondent (the Strata Management Tribunal) alleging mismanagement of the ac

The jurisprudence surrounding the need for a domestic inquiry prior to dismissing an employee has traversed a complex and evolving path. The question of how the Industrial Court should address an employer’s failure to hold a domestic inquiry or to conduct one that is free from any procedural defect remains an unresolved issue. Domestic inquiry serves as a cornerstone of procedural fairness in the workplace, ensuring accountability and adherence to the principles of natural ju

The Energy Efficiency and Conservation Act 2024 (EECA), which came into force on 1 January 2025, was enacted to regulate energy consumption and promote conservation practices across Malaysia. This landmark legislation aligns with the country’s ambition to achieve carbon neutrality by 2050, addressing the urgent need for sustainable energy management. The EECA provides a structured framework for improving energy efficiency, reducing waste and ensuring compliance with establish

Unlike housing development projects that are under construction and governed by the Housing Development Act 1965 (HDA) and its subsidiary legislations, non-HDA governed development projects such as commercial or industrial projects are not required to use the statutory template sale and purchase agreement (SPA) set out in Schedules G to J in the Housing Development (Control and Licensing) Regulation 1989. Therefore, the SPAs for non-HDA governed development projects tend to b

In the world of business, directors are like the captains of a ship, steering the company through both calm and stormy seas. But what happens when the captain dips into the ship’s treasure chest for personal gain? That is where corporate governance steps in, waving its big rulebook to ensure everyone plays fair. What Constitutes Misuse of Company’s Funds, And Its Consequences A director has statutory duties towards the company as well as duties under the common law. It is

Malaysia has emerged as a competitive player in the global data centre industry, attracting significant investments from global tech giants like Amazon Web Services (AWS), Google, and Microsoft. Between 2021 and mid-2024, the Malaysian Investment Development Authority (MIDA) reported RM90.2 billion in foreign direct investment (FDI) from major technology firms such as Nvidia, ByteDance, and Singapore Telecommunications. The country’s ambitions are supported by robust governm

On 15 February 2025, our Senior Partner, Datuk DP Naban, was on a panel discussion on “Family Office: Mega Trend Of Intergenerational Wealth Transfer” at the 10th Dealing & Governance Conference 2025 hosted by Maybank. Together with him on the panel were Bernard Yap (Partner, Tax, Ernst & Young) and Ramesh Manimekalanandan (Head, Product & Investment, Group Wealth Management, Maybank). The panel discussion, featuring insights from tax and wealth management experts, highligh

Pleadings serve a critical purpose: they define the issues in dispute, inform the parties of the case they must meet, and enable them to prepare accordingly. Each party has the right to present the material facts supporting their claim or defence. Under Order 18 Rule 13 of the Rules of Court 2012, a party is deemed to admit any factual allegation raised in a statement of claim unless it is traversed in their pleading or through a joinder of issue. This raises an important que

In today’s digital age, social media and digital marketing have become vital tools for healthcare professionals to grow their practices. Platforms such as Facebook, LinkedIn, Twitter, Instagram and practitioner websites provide valuable opportunities for healthcare professionals to educate the public and actively engage with the community. However, the growing prevalence of social media also amplifies the risks to patient confidentiality. Practitioners must exercise caution