Legal Focus 2/5

Publications & News

Land Reference Proceedings: Disclosure Of Assessors’ Written Opinions

In land acquisition disputes, the right to adequate compensation is a fundamental guarantee under Article 13 of the Federal Constitution....

New Regulatory Framework For Internet Messaging And Social Media Service Providers

The Malaysian Communications and Multimedia Commission (MCMC) recently, on 1 August 2024, introduced a new regulatory framework that...

Amendments to Data Protection Laws: What Does it Mean for Malaysian Businesses?

On 31 July 2024, the Personal Data Protection (Amendment) Bill 2024 (“Bill”) [1] , aimed at enhancing data privacy protocols in...

Informed Consent To Medical Treatment : Legal and Ethical Considerations

Informed consent to medical treatment is fundamental in both medical ethics and law. It requires that patients fully understand the...

Analysis Of The Federal Court’s Ruling In The Abdul Rashid Mohamad Isa Case:Withdrawal Of Creditor’s Petition In Bankruptcy Proceedings

In the words of the Federal Court in Poh Gaik Lye v Amfraser Securities Pte Ltd [2015] 1 MLJ 453 “B ankruptcy proceedings against anyone...

Revisiting The Au Kean Hoe Case: Should Residents Be Made To Suffer Inconvenience If They Fail To Pay Their Maintenance Charges?

The Federal Court in Au Kean Hoe v Persatuan Penduduk D’villa Equestrian [2015] 4 MLJ 204 involves a case where the residents’...

Evaluating The Impact Of The Cyber Security Act 2024

It is no surprise that as technology advances and evolves, the risk of cyber threats inevitably grows. Several online attacks and data...

Ownership And Access: Understanding Medical Records In Malaysia

Generally, comprehensive and clear medical records are the distinguishing feature of a good medical practice. A patient’s medical records...

Commentary On Tay Keong Kok & Ors v Eastmont Sdn Bhd: “Fraudulent Trading” Under Section 540 of the Companies Act 2016

This alert discusses the recent Court of Appeal ruling in Tay Keong Kok & Ors. v Eastmont Sdn. Bhd., Civil Appeal No.:...

A Sigh Of Relief For Housing Developers?

The Federal Court today delivered a unanimous decision in respect of issues on liquidated ascertained damages (LAD) claims post the Ang...

Impact of Artificial Intelligence On Intellectual Property Rights

The digital revolution has fundamentally transformed intellectual property (IP) law in recent years, especially with the significant...

Can A Management Corporation Impose Different Rates Of Maintenance Charges And Sinking Fund On Different Parcels?

Under the Strata Management Act 2013, the amount of maintenance charges and sinking fund to be paid is determined “in proportion to the...

Impact Of Arbitration Agreement Relating To Disputed Debts On Fortuna Injunction

A fortuna injunction is an injunction to restrain the filing of a winding-up petition. It bears its name from the case of Fortuna...

Beneficial Ownership Reporting Requirements: Amendments To The Companies Act 2016

As businesses may also be misused to finance serious offences such as money laundering, terrorism, proliferation financing, and other...

Defending A Defamation Claim

Defamation is a legal concept recognised under the Defamation Act 1957 which aims to protect an individual’s reputation. This right is...

Want Of Consideration: Can Parties Mutually Agree To Vary An Existing Contract?

It is commonplace that contracting parties will document their meeting of minds into a written agreement for formality and ease of...

Environmental, Social and Governance Agenda Amongst PLCs

ESG encapsulates a powerful trinity of principles that have evolved from being a mere corporate buzzword into a business framework which...

Leave Application To Commence Derivate Actions Explained By The Federal Court

Derivative action is an action commenced on behalf of a company, especially in cases of “fraud on the minority” and “wrongdoers in...

Contemporaneous Documentary Evidence In The Face Of Conflicting Oral Evidence

In the complex world of legal disputes, where truth is often obscured by the fog of conflicting narratives, one might overlook the humble...

Common Corporate Exercises By Listed Companies

Companies often embark on a spectrum of corporate exercises designed to bolster their market standing, drive shareholder value and adapt...

Dec 12

RDS Legal Insight Vol.12/Q4/2023

RDS is pleased to publish RDS Legal Insight Q4 of 2023. This quarterly magazine features the following articles by our colleagues: 1)...

Dec 12

RDS Legal Insight Vol.11/Q3/2023

RDS is pleased to publish RDS Legal Insight Q3 of 2023. This quarterly magazine features the following articles by our colleagues: 1)...

Dec 12

RDS Legal Insight Vol.10/Q2/2023

RDS is pleased to publish RDS Legal Insight Q2 of 2023. This quarterly magazine features the following articles by our colleagues: 1) Tax...

Dec 12

RDS Legal Insight Vol.9/Q1/2023

RDS is pleased to publish RDS Legal Insight Q1 of 2023. This quarterly magazine features the following articles by our colleagues: 1)...

Dec 12

RDS Legal Insight Vol.8/Q3/2022

RDS is pleased to publish RDS Legal Insight Q3 of 2022. This quarterly magazine features the following articles by our colleagues: 1)...

Dec 12

RDS Legal Insight Vol.7/Q2/2022

RDS is pleased to publish RDS Legal Insight Q2 of 2022.This quarterly magazine features the following articles by our colleagues: 1)...

Dec 12

RDS Legal Insight Vol.6/Q1/2022

RDS is pleased to publish RDS Legal Insight Q1 of 2022.This quarterly magazine features the following articles by our colleagues: 1)...

Dec 12

RDS Legal Insight Vol.5/Q4/2021

RDS is pleased to publish RDS Legal Insight Q4 of 2021. This quarterly magazine features the following articles by our colleagues: 1)...

Dec 12

RDS Legal Insight Vol.4/Q3/2021

RDS is pleased to publish RDS Legal Insight Q3 of 2021. This quarterly magazine features the following articles by our colleagues: 1)...

Dec 12

RDS Legal Insight Vol.3/Q2/2021

RDS is pleased to publish RDS Legal Insight Q2 of 2021. This quarterly magazine features the following articles by our colleagues: 1)...

Dec 12

RDS Legal Insight Vol.2/Q1/2021

RDS is pleased to publish RDS Legal Insight Q1 of 2021. This quarterly magazine features the following articles by our colleagues: 1)...

Dec 12

Legal Insight Vol.1/Q3/2020

RDS is pleased to publish RDS Legal Insight Q1 of 2020. This quarterly magazine features the following articles by our colleagues: 1)...

Dec 9

Extending Writ Validity: Insights from Charern Properties v. Choong Nam Father & Sons Construction Sdn Bhd

Under Order 6 rule 7 of Rules of Court 2012 (ROC 2012), the courts are empowered with the jurisdiction to extend the validity of a writ....

Dec 6

Launch Of Artificial Intelligence Governance And Ethics Guidelines (AIGE) In Malaysia

Recently, the Ministry of Science, Technology and Innovation (MOSTI) launched the National Guidelines on Artificial Intelligence...

Dec 4

Embracing Tax Governance In ESG

Today, environmental, social and governance (ESG) considerations have transcended to vital importance in corporate strategy. This shift...

Dec 2

Limitation Periods In Medical Negligence Claims

As with all civil claims, medical negligence claims are subject to the defence of limitation. If a claim is filed in court after the...

Nov 25

Award Of Compensation For Land Acquisition: Bar To Appeal

When a State Authority acquires a piece of land, it deprives the landowner of his property – but, it must do so in compliance with the...

Nov 21

Turning Carbon Into Currency: Malaysia’s First Carbon Credit Auction Signals A Green Shift

In the Budget 2025 speech, the Prime Minister announced Malaysia’s plan to introduce a carbon tax on the iron, steel and energy...

Nov 18

Simplified ESG Disclosure Guide For SMEs

As the global focus on environmental, social and governance (ESG) and sustainability investments intensifies, by leveraging on the...

Nov 15

The Rise of Finfluencers: Understanding Malaysia’s New Investment Advice Regulations

In the digital age, financial influencers-commonly referred to as “finfluencers”- have gained significant traction. With various social...

Nov 12

Navigating Indefeasibility: Insights From Setiakon Engineering Sdn Bhd v Mak Yan Tai & Anor

The doctrine of indefeasibility of title is embodied in Section 340(1) of the National Land Code (NLC), which provides that the title or...

Nov 6

The Rights Of A Beneficiary To A Property Where The Owner Died Intestate

When a person passes away, family members often have to grapple with the matter of administering the estate of the deceased. In a...

Nov 5

Crossclaim in Adjudication Proceedings: Fundamental Difference From Counterclaim In Court Proceedings

The Court of Appeal in Tera Va Sdn Bhd v Ayam Bintang Istimewa Sdn.Bhd. [2024] MLJU 2408 examined a number of issues in relation to a...

Oct 30

Fortuna Injunction In Light Of An Arbitration Clause: Whether A Party Has to Show A Bona Fide Dispute or A Prima Facie Dispute

In Swiss-ray Asia Healthcare Co Ltd v V Medical Services M Sdn Bhd [2024] 8 CLJ 21 , the Court of Appeal recently answered a legal issue...

Oct 30