Category Archives: News & Events

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.

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.

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…