Intellectual Property
TRADEMARKS – INFRINGEMENT – LIKELIHOOD OF CAUSING CONFUSION
There is a company using similar name with my company. Isn’t that trademark infringement? Can I take legal action against them?
6 January ,2021
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Strata
STRATA TITLE – MANAGEMENT – TRESPASS AND NUISANCE
My neighbour rented out his condominium unit to university students. The amount of people that would usually live in such a space doubled. The noise level was unbearable. We made complaints to the management corporation but nothing was done. What can I do?
18 December ,2020
Cyber Law
ELECTRONIC SIGNATURE AND DIGITAL SIGNATURE IN MALAYSIA
Digital signature, its validity and implication of signing with digital signature – The Malaysia perspective
18 December ,2020
Property Law
CAR PARK – RENT OUT TO THIRD PARTY, PROPERTY LAW – STRATA TITLE – COMMON PROPERTY
Sale of carparks for rental business in a strata property
9 December ,2020
Contract Law
CONTRACT – SALE OF GOODS – IMPLIED TERM – SALE BY SAMPLE
Does sale of goods or a contract of renovation require to be the same as the sample shown?
25 November ,2020
Commercial Law
USE OF STRATA PROPERTY FOR SHORT-TERM RENTAL PURPOSE
Use of strata property for short term rental purpose.
20 November ,2020
Company Law
FRAUD, KNOWING ASSIST, KNOWING DECEIT – DIRECTORS AND SIGNATORIES PERSONALLY LIABLE FOR DEBTS
Whether directors of a winding up company who transferred out monies to deprive creditors of its payment can be sued for fraud and pay back those monies?
20 November ,2020
Bankruptcy
CORONAVIRUS DISEASE 2019 (COVID-19) ACT 2020
What is Covid-19 Act 2020? It is a written law to provide temporary measures in reducing the negative impacts of Covid-19 pandemic to individuals and companies.
28 October ,2020
Consumer Claim
REAL ESTATE, DEFECT LIABILITY AND RECTIFICATION
I have just taken vacant possession of my new strata property. I have discovered that the ceiling is leaking. I have requested the developer to fix it. They did not. They kept delaying. What can I do?
28 October ,2020
Strata
STRATA TITLE AND ADMINISTRATIVE FEE
I am in the midst of getting the strata title transferred into my name. However, the developer is charging me administrative charges of RM250.00 per month. Can they do that?
9 October ,2020
Categories
Recent Legal Updates
NAVIGATION AND SHIPPING LAW – COLLISION REGULATIONS – COLLISION AT SEA – A WAKE-UP CALL FOR ADHERING TO NAVIGATION RULES
12 January ,2025
The collision between the FMG Sydney and MSC Apollo highlights the critical importance of adhering to established navigation rules. Deviations, delayed actions, and reliance on radio communications instead of clear, early maneuvers can lead to disastrous outcomes. This case serves as a stark reminder for mariners: follow the rules, act decisively, and prioritize safety above assumptions.
SHIPPING AND ADMIRALTY IN REM – A SINKING ASSET – COURT ORDERS SALE OF ARRESTED VESSEL TO PRESERVE CLAIM SECURITY
12 January ,2025
In a landmark admiralty decision, the High Court ordered the pendente lite sale of the arrested vessel Shi Pu 1, emphasizing the principle of preserving claim security over the defendant’s financial incapacity. The court ruled that the vessel, deemed a “wasting asset,” could not remain under arrest indefinitely without proper maintenance or security. This case reinforces the necessity for shipowners to manage arrested assets proactively to prevent significant financial and legal repercussions.
EMPLOYMENT LAW – IS DIRECTOR A DIRECTOR OR EMPLOYEE? UNPACKING DUAL ROLES IN EMPLOYMENT LAW
12 January ,2025
The Court of Appeal clarified the dual roles of directors as both shareholders and employees, affirming that executive directors can qualify as “workmen” under the Industrial Relations Act 1967. The decision emphasizes that removal as a director does not equate to lawful dismissal as an employee unless due process is followed. This case highlights the importance of distinguishing shareholder rights from employment protections, ensuring companies navigate such disputes with clarity and fairness.
COMMERCIAL CONTRACT – FORCE MAJEURE OR JUST EXCUSES? LESSONS FROM LITASCO V DER MOND OIL [2024] 2 LLOYD’S REP 593
1 January ,2025
The recent decision in Litasco SA v Der Mond Oil and Gas Africa SA [2024] 2 Lloyd’s Rep 593 highlights the strict thresholds required to invoke defences such as force majeure and trade sanctions in commercial disputes. The English Commercial Court dismissed claims of misrepresentation and found that banking restrictions and sanctions did not excuse payment obligations under the crude oil contract. This judgment reinforces the importance of precise contractual drafting and credible evidence in defending against payment claims, serving as a cautionary tale for businesses navigating international trade and legal obligations.
SHIPPING – LETTER OF CREDIT – LESSONS FROM UNICREDIT’S FRAUD CLAIM AGAINST GLENCORE
1 January ,2025
The Singapore Court of Appeal’s decision in Unicredit Bank AG v Glencore Singapore Pte Ltd [2024] 2 Lloyd’s Rep 624 reaffirms the principle of autonomy in letters of credit and highlights the high evidentiary threshold for invoking the fraud exception. Unicredit’s claim of deceit was dismissed as the court found no evidence of false representations by Glencore, emphasizing that banks deal with documents, not underlying transactions. This case serves as a critical reminder for international trade practitioners to prioritize clear documentation and robust due diligence to mitigate risks in financial transactions.
LAND LAW – PROPERTY SOLD TWICE: OWNERSHIP NOT TRANSFERRED IN FIRST SALE
1 January ,2025
This legal update examines the Court of Appeal’s decision in Malayan Banking Bhd v Mohd Affandi bin Ahmad & Anor [2024] 1 MLJ 1, which reaffirmed the binding nature of valid Sale and Purchase Agreements (SPAs) and the establishment of constructive trust. The court dismissed claims of deferred indefeasibility by subsequent purchasers and a chargee bank, emphasizing the critical importance of due diligence in property transactions. The decision serves as a cautionary tale for financial institutions and vendors, reinforcing the need for meticulous compliance with legal and equitable obligations.
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