Legal Focus 4/5

Publications & News

A Claim Of Trespass Over Compulsorily Acquired Land: Locus Standi

Recently, RDS successfully represented the largest electricity provider in Malaysia in striking out a claim for alleged trespass over...

Re-tabling Of The Environmental Quality (Amendment) Bill 2023

On 5 October 2022, the Dewan Rakyat passed the Environmental Quality (Amendment) Bill 2022 (2022 Bill) which, increases the penalties...

Can We Try That Again? Examining The Doctrine Of Transnational Issue Estoppel

The doctrine of issue estoppel prevents a party from re-litigating a specific issue that has already been decided in an earlier legal...

Environmental, Social and Governance (ESG):Recent Updates In Malaysia

Launching Of Simplified ESG Disclosure Guide (SEDG) For Small & Medium Enterprises (SMEs) In October 2023, Capital Markets Malaysia...

Unmasking Unlicensed Money lending: Federal Court’s Decision In The Triple Zest Case

At first glance, borrowing or lending money appears as a routine financial transaction, a means to overcome temporary financial hurdles...

Exploring The Rehabilitative Role Of The Companies (Amendment) Bill 2023

‘…one has to remember that a scheme of arrangement is a corporate rescue mechanism. As with other corporate rescue mechanisms, such as...

The Gopala Krishnan Chettiar a/l Muthu Case: Court Of Appeal Rules That The Director Was An Employee

Recently, the Court of Appeal in Gopala Krishnan Chettiar a/l Muthu v Sealand Marine Inspection and Testing (M) Sdn Bhd & Anor [2023] 4...

Oral Promises and Written Agreements: Lessons From The Abd Ghani Golamdin v Universiti Utara Malaysia Case

In the realm of contractual agreements, the interplay between oral promises and subsequent written agreements often becomes a focal point...

The Companies (Amendment) Bill 2023: Revision To The Beneficial Ownership Reporting

On 10 October 2023, the Government tabled amendments to the Companies Act 2016 (CA) via the Companies (Amendment) Bill 2023. This Bill...

IRB's Powers To Request Personal Data Disclosure: Genting Malaysia Bhd v Pesuruhjaya Perlindugan Data Peribadi & Ors [2022] 4 CLJ 399

Genting Malaysia Bhd (Genting) as part of its business, carried out a loyalty programme entitled “Genting Rewards Loyalty Programme”...

The Energy Efficiency And Conservation Bill 2023: An Introduction

The Energy Efficiency and Conservation Bill 2023 (EECB) was recently passed by the Dewan Rakyat on 11.10.2023. The bill aims to regulate...

Bursa Malaysia Releases Illustrative Sustainability Report

In September 2022, Bursa Malaysia Securities Berhad (Bursa) amended the Main Market Listing Requirements and the ACE Market Listing...

Non-Parties And Section 10 Of The Arbitration Act 2005

Background Some 20 years ago, the Court of Appeal (CA) case of Bina Jati Sdn Bhd v Sum-Projects (Bros) Sdn Bhd [2002] 2 MLJ 71(Bina Jati)...

The Role Of A Liquidator

‘In the discharge and performance of their statutory duties, the liquidators are required to exercise a high standard of care, skill,...

Legal Considerations in an IPO (Real Properties)

As part of an Initial Public Offering (IPO) process, legal due diligence will be carried out on the listing group (Group) to ensure legal...

The New Code Of Ethics For Company Director And Company Secretary

In a move towards strengthening corporate governance and promoting high standards of integrity and accountability, the Companies...

Insolvency (Amendment) Act 2023 – A Balancing Act?

‘… there is logic and fairness in the legal position, which must weigh the interests of the bankrupt against those of his creditors.’...

Conweld Engineering Sdn Bhd & Ors: The Tort Of Collateral Abuse Of Process

It is not uncommon for a slew of litigation to commence when there is a breakdown of shareholder relationship and often this is done to...

National Energy Transition Roadmap (NETR)

The Government recently launched Part 1 of the National Energy Transition Roadmap (NETR Part 1) with the aim of effectively overseeing...

Defect Liability Clause – A Mechanism To Protect The Purchasers

This alert discusses the recent Court of Appeal ruling in Chrishanthini Angela Regina Sebastiampillai v View Esteem Sdn Bhd [2023] 1 MLJ...

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