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Publications & News
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...
Rights Of A Guarantor To Recover Payment Of Guaranteed Debt
In a loan arrangement, apart from securities, a borrower is also typically required to have a third party provide guarantee(s) in favour...
Suing A Liquidator – Is Leave Of Court Required?
Given the onerous and significant role played by a liquidator, it is rather common for a liquidator to be dragged to court answer various...
Initial Exchange Offering: Guidelines On Digital Assets
An Initial Exchange Offering (IEO) is a fundraising method where digital tokens (or coins) are issued to investors on a cryptocurrency...
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...
Sleeping On Your Rights: What Happens To Charge Actions After Time Runs Out?
Section 21(1) of the Limitation Act 1953 (LA 1953) reads: “No action shall be brought to recover any principal sum of money secured by a...
“Adjudicated Amount” Under The Construction Industry Payment And Adjudication Act 2012 (CIPAA)
Under the Construction Industry Payment and Adjudication Act 2012 (Act), an adjudicator is required to determine the adjudicated amount...
Causation In Negligence Claims: The ‘But For’ Test vs The Proximate Cause Test
Recently, the Court of Appeal in SAJ Ranhill Sdn Bhd v SWM Greentech Sdn Bhd & Anor [2023] 1 LN 881 revisited the principles in relation...
Mandatory Onboarding Programme On Sustainability Implemented By The Securities Commission And Bursa
The Securities Commission (SC) and Bursa Malaysia (Bursa) have recently introduced a new mandatory onboarding programme on sustainability...
Half-Truth And Defamation: The Perils Of Incomplete Information
In today’s digital age, the dissemination of information made rapid through social media and online platforms has facilitated the spread...
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