Legal Updates

23 September 2022 In our Client Alert of 27.7.2022, some of the significant changes to the provisions of the Courts of Judicature Act 1964 as follows, were highlighted: (a)     there will no longer be any appeal to the High Court against the decision of a subordinate court to dismiss a summary judgment or striking out […]

16 August 2022 The Control of Tobacco Product and Smoking Bill 2022 (“Bill”) was tabled for its first reading on 27th July 2022 by the Minister of Health. Colloquially dubbed as the “Generational End Game Bill” or “GEG”, the Bill is aimed at eradicating the habit of smoking with the view of protecting the health […]

27 July 2022 At its 2nd reading on 25.7.2022, the Dewan Rakyat passed a bill to amend, among others, sections 28 and 68 of the Courts of Judicature Act 1964. As a result of these amendments, some of the significant changes that will be made, are as follows: (a) there will no longer be any appeal to […]

7th April 2022 The concept of a civil suit being a collateral attack on a criminal action was considered by the Court of Appeal recently. The Appellant, the former Prime Minster of Malaysia, filed his claim in the High Court on 9.12.2019 against Ambank Islamic Bank Berhad, its holding company (AMMB Holdings Berhad) and the […]

18th March 2022 The Copyright (Amendment) Act 2022 introduces amendments to the Copyright Act 1987 (“Act”) which aims to strengthen provisions relating to the enforcement of copyright, especially in the digital environment, by introducing offences involving streaming technology in line with the development of online content streaming, and to comply with standards required by, amongst […]

18th March 2022 The Patents (Amendment) Act 2022 seeks ensure that our country’s patent laws are in line with current developments on patent protection on an international level. Recognition of Micro-biological Processes as Patentable Inventions Section 13(1)(b) of the Patents Act 1983 (“Act”) has been amended to clarify that inventions relating to products on microbiological […]

22 November 2021 Judicial Management Application led by a creditor and the appointment of an Interim Judicial Manager Maybank Islamic Berhad v. Khee San Food Industries Sdn Bhd On 15.11.2021, an application was filed in the Kuala Lumpur High Court by Maybank Islamic Berhad, to place its debtor, KSFI, under judicial management pursuant to Section […]

Exclusive Jurisdiction Clause – A Rose by any other name… An exclusive jurisdiction clause sets out the parties’ agreement to submit their disputes to a particular forum or jurisdiction. This provides certainty to the parties as to the forum/jurisdiction in which their disputes may be determined, particularly where the parties are based in different jurisdictions. […]

What happens if a High Court recognises an arbitral award while another High Court sets aside the same arbitral award at the same time? This was the predicament before the Federal Court in Masenang Sdn Bhd v. Sabanilam Enterprise Sdn Bhd.[1] On 3.9.2021, the Federal Court rendered a unanimous decision in finding that even for […]

12 July 2021 The Malaysia Competition Commission’s Market Review for Selected Transportation Sectors in Malaysia: What to Expect and How it would Change the Transportation Sectors’ Way of Doing Business? On 24 June 2021, the Malaysia Competition Commission (“MyCC”) held its first public consultation session for the members of the public on the findings of […]