Recently, RDS successfully represented the largest electricity provider in Malaysia in striking out a claim for alleged trespass over land which had already been compulsorily acquired by the State. In making its decision, the Sessions Court in Kota Bharu held that the plaintiff did not have the necessary locus standi to commence the claim despite possessing power of attorney as the subject matter land had already been compulsorily acquired and therefore, has vested in the Sta

This alert discusses the recent Court of Appeal ruling in Chrishanthini Angela Regina Sebastiampillai v View Esteem Sdn Bhd [2023] 1 MLJ 309 on the defect liability clause. Brief Facts A sale and purchase agreement (SPA) in the statutory form as provided under the law was executed between by the Chrishanthini Angela Regina Sebastiampillai (the Appellant) and View Esteem Sdn Bhd (the Respondent). On 3.9.2012, the Respondent notified the Appellant that the vacant possession o

Recently, the High Court in NPC Resources v Ketua Pengarah Hasil Dalam Negeri [ 2022] MSTC 30-515 upheld the decision of the Special Commissioners of Income Tax (SCIT) regarding the basis of which the disposal price of shares is determined when such assets are disposed by a real property company. Brief Facts In 2004, the taxpayer acquired 3,000,000 ordinary shares in a real property company amounting to RM 14,397,000. In 2016, the taxpayer disposed the 3,000,000 shares for