Undang-undang Hartanah
PROPERTY LAW— LAND ACQUISITIONS — COMMON PROPERTY — COMPENSATION
Can State Government acquire the common property of your condo for development? What is the Management’s right?
25 Januari ,2022
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Sorotan
25 Januari ,2022
Undang-undang Kontrak
CONTRACT – TERMINATION – WRONGFUL TERMINATION
Can another party who enters a contract with you terminate the contract without any valid reason? Is that a breach of contract?
25 Januari ,2022
Undang-undang Syarikat
REVENUE LAW – INCOME TAX – TIME TAX BECOMES PAYABLE
Can newly appointed directors be held accountable for all the taxes that have been accumulated over the past few years before his appointment?
25 Januari ,2022
Undang-undang Hartanah
SUCCESSION — INTESTACY — DISTRIBUTION OF ESTATE
The significance of making a will cannot be overstated.
What happens if you die interstate or partially interstate?
25 Januari ,2022
Undang-undang Timbang Tara
ARBITRATION – SEAT OF ARBITRATION – DOMESTIC ARBITRATION
How do you decide which High Court to go to enforce or set aside an arbitration award?
25 Januari ,2022
Tort
25 Januari ,2022
Sorotan
CHILDREN OF MALAYSIAN MOTHERS BORN OVERSEAS – MALAYSIAN CITIZENSHIP – FOREIGN BORN CHILDREN TO MALAYSIAN MOTHERS
What is the right to citizenship of children born overseas to Malaysian mothers? Can they apply for their Malaysian citizenship?
25 Januari ,2022
Undang-undang Kontrak
CONTRACT – AGREEMENT – UNCONDITIONAL AGREEMENT
Is Islamic Financing facility i.e. Bai Bithaman Ajil (BBA) compatible with technicality in the Malaysia National Land code?
25 Januari ,2022
Undang-undang Kontrak
CONTRACT – ILLEGALITY – HOUSING DEVELOPMENT (CONTROL & LICENSING) ACT 1966
Can purchaser of a condominium terminates an SPA if the developer fails to deliver vacant possession within 36 months?
25 Januari ,2022
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Recent Legal Updates
TRADEMARK – BUSINESS SABOTAGE AND TRADEMARK MISUSE
1 Ogos ,2025
Businesses must be vigilant in protecting their contractual rights, brand identity, and operational control. In this case, unauthorized control over online booking platforms, misleading alterations to the hotel’s digital presence, and continued use of trademarks post-termination led to significant legal consequences. This ruling highlights the importance of clear agreements, strict compliance with contractual obligations, and proactive enforcement of intellectual property rights.
NAVIGATION AND SHIPPING LAW – COLLISION REGULATIONS – COLLISION AT SEA – A WAKE-UP CALL FOR ADHERING TO NAVIGATION RULES
31 Julai ,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
31 Julai ,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
31 Julai ,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.
LEGAL UPDATES – INTERNATIONAL TRADE – LEGALITY OF THE 24% U.S. TARIFF ON MALAYSIAN EXPORTS UNDER INTERNATIONAL TRADE LAW
3 April ,2025
1. Background: In 3.4.2025, the United States imposed a sweeping 24% ad valorem tariff on virtually all Malaysian exports to
REGULATIONS – GENERAL AGREEMENT ON TARIFFS AND TRADE (GATT 1947 ) – ARTICLE I
3 April ,2025
This legal update explores key provisions of the General Agreement on Tariffs and Trade (GATT 1947), focusing on Article I (Most-Favoured-Nation Treatment), Article II (Schedules of Concessions), Article XX (General Exceptions), and Article XXI (Security Exceptions). Article I mandates that any trade advantage granted by one contracting party to another must be extended unconditionally to all other parties. Article II ensures that imported goods from contracting parties receive treatment no less favourable than that outlined in agreed schedules, while also regulating permissible taxes and charges. Articles XX and XXI provide exceptions for measures necessary to protect public morals, health, security interests, and compliance with domestic laws. The provisions reflect the foundational principles of non-discrimination, transparency, and fair trade, while allowing for limited, well-defined exceptions. This summary is intended to provide a concise reference for businesses and legal practitioners involved in international trade law.
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