Halim Hong & Quek

Case Update: Effect of Section 524 of the Companies Act 2016 Unveiled

Sabah Development Bank Berhad v TYL Land Development Sdn Bhd (Court of Appeal) (Civil Appeal No: W-02(A)-743-04/2022)

(Section 30 CIPAA 2012) Overview of Authorities on Direct Payment from Principal

The Construction Industry Payment and Adjudication Act 2012 (Act 746) (“CIPAA”) introduced Section 30 which is a recourse and remedy available to the successful claimant in an adjudication claim who has obtained an Adjudication Decision in its favour against the respondent.

Are Oppression Claims Arbitrable?

In Teo Heng Tatt v All Kurma Sdn Bhd & Ors [2024] CLJU 1471, the court upheld an arbitration clause in the Shareholders Agreement, requiring Teo’s oppression claim to be resolved through arbitration.

Court of Appeal: Credit Reporting Agencies Are Authorised to Formulate Credit Score

Credit reporting agencies, such as CTOS Data Systems Sdn Bhd, are allowed to provide credit information that has bearing on the eligibility of a customer to any credit, including by way of a credit score.

Estate Wins Suit Over Medical Negligence in Tragic Vertigo Case

Case summary: Datin Nor Rizam bt Abdul Wahab (menyaman sebagai pentadbir estet Dato’ Ir Zainudin bin A Kadir) v Pusat Pakar Tawakal Sdn Bhd & Ors [2024] MLJU 1292

EU AI Act: The Essential Guide to Copyright Compliance for General-Purpose AI Models

The EU AI Act, which officially came into effect on 1 August 2024, represents a major leap forward in the regulation of artificial intelligence across Europe. This groundbreaking legislation introduces a robust framework with a strong emphasis on safeguarding copyrighted materials used in GPAI model

Medical Negligence Claims – What Can You Sue For?

Generally, the types of damages fall under the following categories: – (i) Special Damages; (ii) General Damages; and (iii) Aggravated Damages

Federal Court: Half-Truths that Harm the Reputation of a Person are Defamatory

Seema Elizabeth Isoy v Tan Sri David Chiu Tat-Cheong [2024] CLJU 1180

Applicability of CIPAA After the Commencement of Arbitration

A case summary of Tenaga Nasional Bhd v Malaysian Resources Corporation Bhd and other cases [2024] MLJU 682

Definition of Market Value

Prima Cahaya Sdn Bhd v Pemungut Duti Setem (WA-24-40-07/2022)

Centralised Air-Conditioning: Classification as "Common Property" in Legislative Frameworks

AUM Capital Sdn Bhd v Menara UOA Bangsar Management Corporation Sdn Bhd [2024] 3 MLRA 428

Unpacking Shareholders’ Pre-emptive Rights and Minority Oppression: A Case Analysis of Concrete Para

Concrete Parade Sdn Bhd v Apex Equity Holdings Bhd & Ors [2021] 9 CLJ 849

Cause Papers for Matrimonial Proceedings May Be Filed in the English Language Only

Robinder Singh Jaj Bijir Singh v Jasminder Kaur Bhajan Singh [2024] 2 MLJ 126; [2024] 3 CLJ 647

High Court clarifies Item 22(1) of the Stamp Act 1949 and Stamp Duty (Remission) (No. 2) Order 2012

A case study on Ann Joo Integrated Steel Sdn. Bhd. v Pemungut Duti Setem [2023] 8 MLJ

Limitation of Licenced Manufacturing Warehouse Conditions

Pan International Electronics (M) Sdn Bhd v Menteri Kewangan Malaysia and Ketua Pengarah Kastam, Jabatan Di Raja Malaysia (PA-25-65-08/2023)

Achieving Net Zero: The Crucial Role of Climate Technology

This article discusses the importance of achieving net zero emissions for companies and how it should be a priority for chief sustainability officers, general counsels, and boards of directors.

Defence of Limitation cannot be raised in Recovery of Tax Action?

Recent case of Kerajaan Malaysia v Dreamedge Sdn Bhd & Anor [2024] MLJU 473

Constructive Dismissal: The Applicable Test – “Contract Test” vs The “Reasonableness Test”

The recent Federal Court judgment in Tan Lay Peng v RHB Bank Berhad (Civil Appeal No.01(f)-10-04/2023(P), brings into focus the intricate balance between the contract test and the reasonableness test in cases involving constructive dismissal cases in Malaysia.

AI Deepfake Technology: Understanding Its Business Use Case, Legal Considerations, and Best Practice

Read this article as it explores the rise and implications of deepfake technology within the realm of marketing and advertising.

E-Waste and ESG Compliance: What Companies Need to Know

This article discusses the increasingly important issue of electronic waste (e-waste) management within the context of Environmental, Social, and Governance (ESG) principles.

Real-World Assets in Blockchain: Why Companies Should Pay Attention

This article introduces the concept of tokenizing real-world assets (RWAs) and highlights its significance amidst the increasing acceptance and adoption of blockchain technology. It outlines the benefits of RWAs tokenization for companies and explores potential applications in various sectors.

(Section 35 of CIPAA 2012) Overview of Authorities on Conditional Payment

CIPAA 2012 was introduced to facilitate regular and timely payment in respect of construction contracts and to provide for speedy dispute resolution through adjudication.

Land Reference Proceedings: Written Opinions of Assessors Must Be Made Available to the Parties

Tegas Sejati Sdn Bhd v Pentadbir Tanah dan Daerah Hulu Langat & Anor [2024] MLJU 416; [2024] CLJU 330; (Civil Appeal No.01(f)-46-11/2022(B))

Stranded in Strata: How Unpaid Maintenance Fees Impact Tenants under the Strata Management Act 2013

Under the Strata Management Act 2013 (SMA), the management body of a condominium needs to provide proper maintenance and management for the buildings and common property, as well as other related matters. To achieve this, each condominium unit owner will need to pay fees to these management bodies.

Pembinaan Federal Sdn Bhd v Biaxis (M) Sdn Bhd (Case No. BA-12AC-3-07/2023)

In the recent High Court decision of Pembinaan Federal Sdn Bhd v Biaxis (M) Sdn Bhd, the High Court of Malaysia examined, amongst others, whether a liquidator of a wound-up company is bound by any arbitration agreement which was not entered by the liquidator, but the wound-up company prior to liquid

Private Hospitals to pay for their Doctor’s Negligence

The claim in this case is based on the tort of negligence. The law of tort is based on a fault-based system where it imposes liability on the wrongdoer, also known as the tortfeasor. Ordinarily, the law does not hold one accountable for the actions or inactions of another.

Security Issues in the Secondary Market

The secondary market refers to a financial market where investors trade previously issued financial instruments and securities after a company has made an initial public offering of its securities on the primary market.

Credit Reporting Agencies Are Not Authorised to Formulate Their Own Credit Score

The High Court found that the credit reporting agency in this case provided inaccurate/ false credit information and awarded a sum of RM200,000 as general damages to the person whom the credit information was related to.

Cyber Security Bill 2024 Decoded: 5 Key Insights for Strategic Compliance

In our increasingly interconnected world, cyber security threats pose a significant risk to national security.

Disposal of Real Properties Subject to Income Tax?

This is a classic RPGT vs income tax case. For decades, taxpayers have been in tug-of-war with the DGIR in determining whether a disposal of a real property is subject to income tax or RPGT.