Author Archives: glawadmin

Calling on performance bonds: new test for unconscionability?

The recent Federal Court decision in Catajaya Sdn Bhd v Shoppoint Sdn Bhd has breathed new life into the interpretation of termination clauses in contracts. Indeed, it sounded a cautionary note to the business community at large when the Federal Court held that termination clauses must be interpreted strictly.

Injunctions against Shopee?

Liability of Online Marketplaces for IP infringement by its Sellers As e-commerce is booming, it will not be an overstatement to say that online marketplaces have disrupted the retail scene. For example, Amazon gets close to a global 6 billion views a month while in Southeast Asia, Shopee and Lazada attract over 400 million monthly…

Federal Court rules that termination clauses should be construed strictly

The recent Federal Court decision in Catajaya Sdn Bhd v Shoppoint Sdn Bhd has breathed new life into the interpretation of termination clauses in contracts. Indeed, it sounded a cautionary note to the business community at large when the Federal Court held that termination clauses must be interpreted strictly.

Housing Developers Beware – The Aftermath of PJD Regency Sdn Bhd v Tribunal Tuntutan Pembeli Rumah & Anor

On 19 January 2021, the Federal Court delivered a landmark decision in PJD Regency Sdn Bhd v Tribunal Tuntutan Pembeli Rumah & Anor (“PJD Decision”).(1) The apex court decided that in the event of delay of delivery of vacant possession (“VP”) for Schedule G and/or H type contracts under Regulation 11(1) of the Housing Development (Control…

Reminder by SC – What do you know about prospectus under CMSA?

Following a statement released by the Securities Commission Malaysia (SC) on 26 January 2021, which reminded the unlisted public companies to comply with requirements in SC’s prospectus guidelines and securities laws, we believe that the following information will be useful to the players.    What is a prospectus A prospectus[1] is a mechanism that invites…

Has COVID-19 ended Inter-state Case Transfer?

Technology reduces needs for transfer, encourages remote trials In Muhammad Hafidz bin Mohd Dusuki v Hassan bin Zulkifli[1], the defendant in a copyright infringement claim applied to transfer the case from Kuala Lumpur to Kota Bharu, on the following grounds: (1) alleged infringement in Tumpat, Kelantan; (2) defendant’s place of business and residence are both…

Do you need a licence from the SC to provide investment advice?

The Securities Commission Malaysia (SC) has recently issued a Guidance Note on Provision of Investment Advice[1]. Given the increasing number of self-proclaimed investment advisors, the Guidance Note clarifies situations where a person needs to be licensed by the SC to provide investment advice.    Licence from the SC is required A person needs to be…