Legal Insight

Publications & News

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)...

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)...

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...

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)...

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)...

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)...

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)...

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)...

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)...

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)...

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)...

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)...

RDS Legal Insight Vol.15/Q3/2024

RDS is pleased to publish RDS Legal Insight Q3 of 2024. This quarterly magazine features the following articles by our colleagues: 7)...

RDS Legal Insight Vol.15/Q3/2024

RDS is pleased to publish RDS Legal Insight Q3 of 2024. This quarterly magazine features the following articles by our colleagues: 6) The...

RDS Legal Insight Vol.15/Q3/2024

RDS is pleased to publish RDS Legal Insight Q3 of 2024. This quarterly magazine features the following articles by our colleagues: 5) The...

RDS Legal Insight Vol.15/Q3/2024

RDS is pleased to publish RDS Legal Insight Q3 of 2024. This quarterly magazine features the following articles by our colleagues: 4)...

RDS Legal Insight Vol.15/Q3/2024

RDS is pleased to publish RDS Legal Insight Q3 of 2024. This quarterly magazine features the following articles by our colleagues: 3) The...

RDS Legal Insight Vol.15/Q3/2024

RDS is pleased to publish RDS Legal Insight Q3 of 2024. This quarterly magazine features the following articles by our colleagues: 2)...

RDS Legal Insight Vol.15/Q3/2024

RDS is pleased to publish RDS Legal Insight Q3 of 2024. This quarterly magazine features the following articles by our colleagues: 1)Tax...

RDS Legal Insight Vol.15/Q3/2024

RDS is pleased to publish RDS Legal Insight Q3 of 2024. This quarterly magazine features the following articles by our colleagues: 1) Tax...

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

RDS Legal Insight Vol.15/Q3/2024

RDS is pleased to publish RDS Legal Insight Q3 of 2024. This quarterly magazine features the following articles by our colleagues: 7)...

Oct 30

RDS Legal Insight Vol.15/Q3/2024

RDS is pleased to publish RDS Legal Insight Q3 of 2024. This quarterly magazine features the following articles by our colleagues: 6) The...

Oct 30

RDS Legal Insight Vol.15/Q3/2024

RDS is pleased to publish RDS Legal Insight Q3 of 2024. This quarterly magazine features the following articles by our colleagues: 5) The...

Oct 30

RDS Legal Insight Vol.15/Q3/2024

RDS is pleased to publish RDS Legal Insight Q3 of 2024. This quarterly magazine features the following articles by our colleagues: 4)...

Oct 30

RDS Legal Insight Vol.15/Q3/2024

RDS is pleased to publish RDS Legal Insight Q3 of 2024. This quarterly magazine features the following articles by our colleagues: 3) The...

Oct 30

RDS Legal Insight Vol.15/Q3/2024

RDS is pleased to publish RDS Legal Insight Q3 of 2024. This quarterly magazine features the following articles by our colleagues: 2)...

Oct 30

RDS Legal Insight Vol.15/Q3/2024

RDS is pleased to publish RDS Legal Insight Q3 of 2024. This quarterly magazine features the following articles by our colleagues: 1)Tax...

Oct 30

RDS Legal Insight Vol.15/Q3/2024

RDS is pleased to publish RDS Legal Insight Q3 of 2024. This quarterly magazine features the following articles by our colleagues: 1) Tax...

Oct 26

Confidentiality In a Doctor-Patient Relationship

Confidentiality is a fundamental principle at the heart of the doctor-patient relationship. It ensures that personal health information...

Oct 21

Tan Lay Peng v RHB Bank Bhd & Anor:The Applicable Test For Constructive Dismissal

In a unanimous decision, the Federal Court reaffirmed the applicable test for determining constructive dismissal in the case of Tan Lay...

Oct 11

The Forest City Special Financial Zone

The Forest City Special Financial Zone (Forest City SFZ), which was recently launched by the Government of Malaysia, is a...

Oct 9

Tan Chong Industrial Equipment Case:Can Unjust Enrichment Override A Contract?

The sanctity of contracts is a key principle in contract law, rooted in the idea that any agreements entered into freely by parties must...

Oct 7

Overview Of The National Sustainability Reporting Framework

On 24 September 2024, the Ministry of Finance Malaysia and Securities Commission Malaysia launched the National Sustainability Reporting...

Sep 30

Analysing The Court of Appeal’s Ruling In The Asia Pacific Higher Learning Sdn Bhd Case: Stay Of Court Proceedings In Favour Of Arbitration

Parties enter into commercial contracts with various business considerations. Sometimes, this leads to novel (and often untested) dispute...

Sep 26

High Court Rules Novation Agreement Subject To Ad Valorem Rate Stamp Duty

Recently, in Nike Global Trading B.V., Singapore Branch v Pemungut Duti Setem [2024] MLJU 2087 , the High Court dismissed the taxpayer’s...

Sep 24

Medicolegal Essentials: What Every GP Needs To Know

Historically, general practitioners (GPs) have been regarded as having particularly trusted and close relationships with their patients,...

Sep 20

Policy By Bank Negara On The Disposal And Purchase Of Impaired Loans/Financing

Recently, Bank Negara Malaysia (BNM) issued a policy document on the Disposal And Purchase of Impaired Loans/ Financing (Policy Document)...

Sep 17

Teckland Motors Sdn Bhd v Pang Guan Hong & Ors: Choosing Between Two Contracts

When two parties claim the right to purchase the same property under separate agreements with the same seller, which agreement takes...

Sep 11

Transfer Pricing: High Court Rules That The Taxpayer’s Financial Results Fell Within The Arm’s Length Range

Recently, the High Court dismissed the Director General of Inland Revenue’s (Revenue) appeal against the decision of the Special...

Sep 9

Low Cheng Teik & ors v Low Ean Nee: Whether A Shareholder’s Complaint Is Actionable Via An Oppression Action Or A Derivative Action

On 28.8.2024, the Federal Court issued a landmark decision that clarified the distinctions between oppression actions and derivative...

Sep 6

High Court Rules That Section 112(3) Penalty Is Only Applicable for Late Submission of Tax Return

The High Court in Transocean Drilling Sdn Bhd v Ketua Pengarah Hasil Dalam Negeri (2022) MSTC 30-496 held that the penalty under Section...

Sep 2

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....

Aug 30

The High Court Rules In Favour Of Taxpayer In Relation To Disputed Import Duty On Zero-Rated Goods

Recently, the High Court in Pan International Electronics (M) Sdn Bhd v Menteri Kewangan Malaysia & Anor [2024] MLRHU 726 allowed the...

Aug 29

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...

Aug 26

High Court Grants Leave Taxpayer To Challenge The Revenue’s Refusal To Refund Taxes Paid Erroneously On Gains Arising From Compulsory Land Acquisition

In Wiramuda (M) Sdn Bhd v Director-General of Inland Revenue [2022] 5 MLJ 414, the Federal Court held that Section 4C of the Income Tax...

Aug 21

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...

RDS Legal Insight Vol.12/Q4/2023

RDS Legal Insight Vol.11/Q3/2023

RDS Legal Insight Vol.10/Q2/2023