Legal Focus 3/5

Publications & News

Elevated Standard Of Conduct For Capital Market Intermediaries

On 29 March 2024, the Securities Commission Malaysia (SC) issued the revised Guidelines on Conduct for Capital Market Intermediaries...

Reinsurance Contracts: Reconciling “The Claims Co-Operation Clause” And “Follow The Settlement Clause”

Reinsurance is essentially insurance that a reinsurance company (reinsurer) undertakes to assume the risks of another insurance company...

Can A Company Be Wound-Up Based On Adjudicated Decision Under The CIPAA 2012?

Once a valid and enforceable judgment has been obtained by one party against another, a winding-up court will not revisit the judgment to...

Multi-Tiered Dispute Resolution Clauses – Potholes or Prudence

Multi-tiered dispute resolution clauses have become a ubiquitous feature in commercial contracts, offering parties an alternative avenue...

The Liability Of Private Hospitals In Medical Negligence Cases

In medical negligence cases, once negligence by the doctor has been established, the dispute then focuses on who should pay the damages,...

Sexual Harassment In The Workplace: Implications And Ways To Address It

The topic of sexual harassment in the workplace is still a prevalent topic to date. Research has shown that chronic stress caused by...

From Tweets To Torts: Defamation In The Age Of Social Media

We do not often consider the impact of our words, at least not in the strictly legal sense. Yet, across centuries and cultures, the value...

The Future Of Corporate Dynamics: Exploring Nominee And Anonymous Shareholders

In today's corporate landscape, the roles of nominee shareholders and anonymous shareholders are undeniably significant. While both...

Shielding Defamation: Absolute Privilege In The Courtroom

In the realm of legal proceedings, a powerful shield known as absolute privilege stands guard, providing robust protection to statements...

Country Garden Pacificview Case: Dispute Over Refund Upon Cancellation Of SPA

When a developer fails to deliver vacant possession within the stipulated time as stated in the sale and purchase agreement (SPA), the...

Understanding A Director’s Rights: Inspection Of Accounting And Other Records

Section 245 of the Companies Act 2016 (CA 2016) provides for a company and for its directors and manager to keep and maintain accounting...

Gold-Plated Deception: Exposing Moneylending Agreements Disguised As Gold Sales

In the realm of investments and financial transactions, what meets the eye may not be the legal reality. The Court of Appeal has recently...

Half-Truth As A Whole Lie

The present information age is characterised by the abundance of information and minimal restrictions on access and control thereof. The...

Whether Caveatable Interest Can Be Granted Under An Agreement To Purchase?

A caveat may be entered by the Registrar on the register document of land title to prohibit the enforcement of registration, endorsement,...

Who Decides The Validity Of An Arbitration Agreement?

The doctrine of kompetenz-kompetenz is reflected in Section 18 of the Arbitration Act 2005[1], in which the arbitral tribunal may rule on...

Procedural Fairness In The CIPAA 2012 Statutory Adjudication

In Ssangyong Engineering & Construction Co Ltd v Oxley Rising Sdn Bhd and Another [2023] MLJU 404, the High Court set aside an...

Unraveling The Enigma Of "Lot Untuk Orang Melayu" In Land Ownership

Embarking on the complex journey of land ownership in Malaysia reveals a tapestry woven with historical, ethnic and legal intricacies....

Can Receivers and Managers Appointed Pursuant to Debentures Be Injuncted From Exercising Their Powers?

Recently, the High Court dismissed an interim injunction application by a pharmaceutical company (Borrower) to restrain its receivers and...

Striking Out: Pleadings Stuck Off Due To Prolixity

A striking out order (Order) is often described to be a draconian order. In this regard, the UK Supreme Court in the case of Summers v...

Public Consultation On The Use Of ISSB Standards In Malaysia

On 8 January 2024, the Securities Commission (SC) announced that the Advisory Committee on Sustainability Reporting (ACSR) will be...

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