Legal Update

23 November 2023 The Companies (Amendment) Bill 2023, tabled in Parliament for first reading, contains provisions aimed at strengthening both the existing corporate rescue provisions to assist companies with financial difficulties post Covid 19-pandemic and the policy regarding beneficial ownership reporting framework. We set out in this Client Alert some of the proposed amendments to […]

02 November 2023 Since our Client Alert of 7.3.2023 highlighting the changes in the discharge from small scale debt bankruptcies, further changes to the bankruptcy regime have taken place.  The Insolvency (Amendment) Bill 2023 was tabled and passed by Parliament.  Now known as the Insolvency (Amendment) Act 2023 (“the Act”), it came into force on […]

03 April 2023 INTRODUCTION Termination may relieve a party from future obligations. However, it does not relieve a party from obligations or liability accrued pre-termination, unless clear and unequivocal words are stipulated to that effect. In Triple Point Technology Inc v PTT Public Company Limited [2021] UKSC 29 (“Triple Point v. PTT”), the UK Supreme […]

07 March 2023 At the recent budget presentation of the Belanjawan 2023 initiative, the Prime Minister announced that bankruptcy cases with debts of less than RM50,000.00 will be discharged immediately with effect from 1.3.2023. Based on the Guidelines issued by the Malaysian Department of Insolvency for the discharge of bankruptcy under small-scale debts (w.e.f 1.3.2023), […]

29 December 2022 COCKETT MARINE OIL (ASIA) PTE LTD V. MISC BERHAD In the recent Court of Appeal’s decision of Cockett Marine Oil (Asia) Pte Ltd v. Misc Berhad [2023] 1 CLJ 20 [“Misc Berhad”], the Court of Appeal reversed the decision of the High Court (see: [2022] 8 MLJ 786) to grant an anti-arbitration […]

09 November 2022 The World Intellectual Property Organization (“WIPO”) has issued a notice dated 14 October 2022 informing that the 12th Edition of the Nice Classification will enter into force on 1 January 2023. A number of changes have been made to the goods and services classified under the 12th Edition of the Nice Classification which […]

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 […]