TOWER REIT: A COMMENTARY
In the Kuala Lumpur High Court case of Ketua Pengarah Hasil Dalam Negeri v Tower Real Estate Investment Trust [2023] 2 MLRH 583 (this case hereinafter referred to as “Tower REIT”) the Respondent Taxpayer in this case (“Taxpayer”) was a real estate investment trust (“REIT”) scheme that was constituted under a principal deed dated 17 …
NEW SALES TAX ON THE HORIZON
INTRODUCTION The Sales Tax (Amendment) Act 2022 (“Amending Act”) was passed by both Houses and received the royal assent in October 2022. With its passing, the Amending Act brings with it a new sales tax on low value goods (“LVG”) that are being sold on online marketplaces.
ARE ALL MATTERS REQUIRED TO BE PARTICULARISED IN A NOTICE/AGENDA OF A BOARD OF DIRECTOR’S MEETING? MUST THERE BE A FORMAL VOTING AND DELIBERATION PROCESS IN A BOARD OF DIRECTOR’S MEETING?…
Our Ms. Idza Hajar Ahmad Idzam assisted by Ms. Bailey Leong Pui Yee, Ms. Lee Sheen Yee and Mr. Yap Jia Cheng (acting on behalf of the Respondents i.e. Nationwide Express Holdings Berhad and 4 of its directors (at that material time)) had successfully resisted an appeal filed by the Appellant in the Court of …
WILL PROPOSED NEW S.106A EFFECTIVELY ENABLE THE INLAND REVENUE BOARD TO ACCESS TAXPAYERS’ BANK DETAILS WITHOUT WARNING?
INTRODUCTION On the 15th of December 2021, the Finance Bill 2021 (the “Bill”) was passed in the House of Representatives with a simple majority voice vote. The Bill was presented and laid before the House by YB Dato’ Indera Mohd Shahar bin Abdullah, the Deputy Finance Minister. Among the many provisions made in the Bill, …
MANDATORY MEDIATION CLAUSE IN A CONCESSION AGREEMENT: NOT SO MANDATORY AFTER ALL?…
The Court of Appeal in the case of Godell Parking Sdn Bhd v Majlis Bandaraya Petaling Jaya [2020] 6 MLJ 43 (the “Case”) decided on the applicability of what seems to be a mandatory dispute resolution for an amicable settlement clause in a Concession Agreement entered into between the parties.
TORT OF INDUCEMENT OF BREACH OF CONTRACT – “TALK TO MY LAWYER”…
In February 2020, the United Kingdom (UK) Court of Appeal clarified what “knowledge” or information is necessary in order to fall under the tort of inducing a breach of contract. This case was specifically in relation to a situation wherein an employer recruits an employee and receives legal advice regarding the enforceability of the employee’s …
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THE PRINCIPLE OF ABSOLUTE PRIVILEGE – TRULY ABSOLUTE?
The Federal Court in the case of Nor Aziz bin Mat Isa v Sun Teoh Tia (SAC) (Pengerusi Lembaga Tatatertib Polis Diraja Malaysia Bukit Aman) & Ors [2021] 2 MLJ 142 (the ‘Case’) decided on the extent of the principle of absolute privilege for defamatory statements contained in a police report lodged by a police …
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THE AIAC ARBITRATION RULES 2021 AND THE KEY CHANGES TO MALAYSIAN ARBITRATION PRACTICE & PROCEDURE
INTRODUCTION On 1st August 2021, the AIAC Arbitration Rules 2021 (“2021 Rules”) was launched and took effect, replacing all previous editions of the AIAC Arbitration Rules. The 2021 Rules shall apply to all arbitrations commenced after this date, unless agreed otherwise by the parties.