Select Page

Newsletter 11/2021 – Steps in the Proceedings

A non-exhaustive summary of judicial consideration of the phrase “steps in the proceedings” which is found in Section 10(1) of the Arbitration Act 2005. P. E. LIM Newsletter 11/2021 - Steps in the Proceedings For more information, please contact us at liti@pelim.my or...

Newsletter 10/2021 – Key Considerations in Summary Judgment Applications

A summary of some key considerations in Summary Judgment applications (Order 14 Rule 1 of the Rules of Court 2012). P. E. LIM Newsletter 10/2021 - Key Considerations in Summary Judgment Applications For more information, please contact us at liti@pelim.my or fill out...

Newsletter 09/2021 – Overview of Automatic Discharge of Bankruptcy

An overview of the process for an automatic discharge of bankruptcy, pursuant to Section 33C of the Insolvency Act 1967. P. E. LIM Newsletter 09/2021 - Overview of Automatic Discharge of Bankruptcy For more information, please contact us at liti@pelim.my or fill out...

Newsletter 08/2021 – Information for Preparation of Last Will and Testament

A summary of the common information required for the preparation of a Last Will and Testament. P. E. LIM Newsletter 08/2021 - Information for Preparation of Last Will and Testament For more information, please contact us at liti@pelim.my or fill out the contact form...

Newsletter 07/2021 – Automatic Referrals

A summary of the reform to the referral process under Section 20 of the Industrial Relations Act 1967, brought about by the Industrial Relations (Amendment) Act 2020. P. E. LIM Newsletter 07/2021 - Automatic Referrals For more information, please contact us at...

Newsletter 06/2021 – Coercion as a Vitiating Factor

A summary of the concept of ‘coercion’ in its context as a vitiating factor, statutorily codified in the Contracts Act 1950: P. E. LIM Newsletter 06/2021 - Coercion as a Vitiating Factor For more information, please contact us at liti@pelim.my or fill out the contact...

Newsletter 05/2021 – Irretrievable Breakdown of a Marriage

A summary of the facts the Court will have regard to in determining whether a marriage has irretrievably broken down. Applicable only to non-Muslims and single petition divorces: P. E. LIM Newsletter 05/2021 - Irretrievable Breakdown of a Marriage For more...

Newsletter 04/2021 – Statutory Contracts: When is the starting point for calculating when vacant possession will be due?

Is it the date of the Sales and Purchase Agreement? Or is it rather the date of the collection of booking fees (if any) by the developer, its agent, and/or its representative? The newsletter answers the question in light of the Federal Court's decision in PJD Regency...

Newsletter 03/2021 – Write-Up on Section 17A MACC Act 2009

A brief write-up on Section 17A of the Malaysian Anti-Corruption Commission Act 2009 which introduced the “offence by commercial organization” provision. P. E. LIM Newsletter 03/2021 - Write-Up on Section 17A MACC Act 2009 For more information, please contact us at...

Newsletter 02/2021 – Overview of Debt Recovery Process

An overview of the debt recovery process in Malaysia. P. E. LIM Newsletter 02/2021 - Overview of Debt Recovery Process For more information, please contact us at liti@pelim.my or fill out the contact form and we will get back to you.

Case Summary 11/2021 – PJD Regency Sdn Bhd v Tribunal Tuntutan Pembeli Rumah & Anor

A summary of the Federal Court’s decision in PJD Regency Sdn Bhd v Tribunal Tuntutan Pembeli Rumah & Anor [Federal Court Civil Appeal No. 01(f)-29-10/2019 (W)] and other appeals. P. E. LIM Case Summary 11/2021 - PJD Regency Sdn Bhd v Tribunal Tuntutan Pembeli...

Case Summary 10/2021 – Catajaya Sdn Bhd v Shoppoint Sdn Bhd & 2 Ors

A summary of the Federal Court’s decision in Catajaya Sdn Bhd v Shoppoint Sdn Bhd & 2 Ors [Federal Court Civil Appeal No. 02(f)-49-05/2019(B)]. P. E. LIM Case Summary 10/2021 - Catajaya Sdn Bhd v Shoppoint Sdn Bhd & 2 Ors The key takeaway is that termination...

Case Summary 09/2021 – Mansion Properties Sdn Bhd v Sham Chin Yen & Ors

A summary of the Federal Court’s decision in Mansion Properties Sdn Bhd v Sham Chin Yen & Ors [Federal Court Civil Appeal No. 02(i)-91-11/2019(P)]. P. E. LIM Case Summary 09/2021 - Mansion Properties v Sham Chin Yen & Ors The key takeaway is that it is...

Case Summary 08/2021 – Lim Choon Seng v Lim Poh Kwee

A summary of the Federal Court’s decision in Lim Choon Seng v Lim Poh Kwee [Federal Court Civil Appeal No. 02(F)-16-03/2019(J)]. P. E. LIM Case Summary 08/2021 - Lim Choon Seng v Lim Poh Kwee The key takeaway is that a decision of the Court of Appeal cannot in law...

Case Summary 07/2021 – Lai King Lung & Anor v Merais Sdn Bhd

A summary of the Federal Court’s decision in Lai King Lung & Anor v Merais Sdn Bhd [Federal Court Civil Appeal No. 02(i)-4-01/2019 (B)]. P. E. LIM Case Summary 07/2021 - Lai King Lung & Anor v Merais Sdn Bhd The key takeaway is that retrospective sanction from...

Case Summary 06/2021 – Chin Jhin Thien & Anor v Chin Huat Yean @ Chin Chun Yean & Anor

A summary of the Federal Court’s decision in Chin Jhin Thien & Anor v Chin Huat Yean @ Chin Chun Yean & Anor [Federal Court Civil Appeal No. 02(f)-29-04/2019]. P. E. LIM Case Summary 06/2021 - Chin Jhin Thien & Anor v Chin Chun Yean & Anor The key...

Case Summary 05/2021 – Ng Hoo Kui & Anor v Wendy Tan Lee Peng (administratrix for the estate of Tan Ewe Kwang, deceased) & Ors

A summary of the Federal Court’s decision in Ng Hoo Kui & Anor v Wendy Tan Lee Peng (administratrix for the estate of Tan Ewe Kwang, deceased) & Ors [2020] 12 MLJ 67. P. E. LIM Case Summary 05/2021 - Ng Hoo Kui & Anor v Wendy Tan Lee Peng (administratrix...

Case Summary 04/2021 – Ahmad Zahri bin Mirza Abdul Hamid v AIMS Cyberjaya Sdn Bhd

A summary of the Federal Court’s decision in Ahmad Zahri bin Mirza Abdul Hamid v AIMS Cyberjaya Sdn Bhd [Federal Court Civil Appeal No. 02(f)-11-02/2019(W)]. P. E. LIM Case Summary 04/2021 - Ahmad Zahri bin Mirza Abdul Hamid v AIMS Cyberjaya Sdn Bhd The key takeaways...

Case Summary 03/2021 – Asia Pacific Higher Learning Sdn Bhd v Majlis Perubatan Malaysia & Anor

A summary of the Federal Court’s decision in Asia Pacific Higher Learning Sdn Bhd (registered owner and licensee of the higher learning institution Lincoln University College) v Majlis Perubatan Malaysia & Anor [2020] MLJU 54. P. E. LIM Case Summary 03/2021 - Asia...

Case Summary 02/2021 – Affin Bank Berhad (Formerly Known As Perwira Affin Bank Berhad) v Abu Bakar Ismail

A summary of the Federal Court’s decision in Affin Bank Berhad (Formerly Known As Perwira Affin Bank Berhad) v Abu Bakar Ismail [Federal Court Civil Appeal No. 03(f)-05-10/2017 (W)]. P. E. LIM Case Summary 02/2021 - Affin Bank Berhad (Formerly Known As Perwira Affin...

Automatic Discharge and Suspension of Automatic Discharge under the Insolvency Act 1967

In June 2023, Parliament amended the Insolvency Act 1967 ("IA 1967") via the Insolvency (Amendment) Act 2023 ("Amendment Act").  Amongst others, Section 33C of the IA 1967 was amended as follows (with the amendments in red): "Automatic discharge and suspension of...

Increase In Minimum Debt Threshold for Bankruptcy Petitions

The Insolvency (Amendment) Act 2020, which came into force on 1st September 2021, amended Section 5 of the Insolvency Act 1967 ("IA 1967") on the conditions on which a creditor may present a bankruptcy petition against a debtor. The following is Section 5 of the IA...

Amendments to the Courts of Judicature Act 1964

Parliament made certain amendments to the Courts of Judicature Act 1964 ("CJA 1964"), via the Courts of Judicature (Amendment) Act 2022 ["Amendment Act"]. Amongst others, the Amendment Act amended Section 28(1) of the CJA 1964. The amendment removed the right to...

Amendment to the First Schedule of the Employment Act 1955

On 12th August 2022, the Human Resources Minister issued the Employment (Amendment of First Schedule) (Amendment) Order 2022 which will take effect on 1st January 2023.  The Order revised the scope of the Employment Act 1955 ("EA 1955"). The First Schedule of the EA...

Application of the Small Estates (Distribution) Act 1955 and the Definition of Small Estate

Section 3 of the Small Estates (Distribution) Act 1955 ["SEDA 1955"] governs the application of SEDA 1955 and the defines a "small estate" for the purposes of SEDA 1955: "3. Application of Part and definition of small estate (1) This Part shall have effect throughout...

Flexible Working Arrangement under the Employment Act 1955

The Employment (Amendment) Act 2022, which came into operation on 1st January 2023, introduced flexible working arrangement for employees. The relevant sections are Sections 60P and 60Q of the Employment Act 1955 ("EA 1955"): "Part XIIC FLEXIBLE WORKING ARRANGEMENT...

Sick Leave under the Employment Act 1955

The relevant provision in the Employment Act 1955 ("EA 1955") governing sick leave can be found in Section 60F of the EA 1955. The Employment (Amendment) Act 2022, which came into operation on 1st January 2023, recently made several amendments to Section 60F of the EA...

Maternity Leave under the Employment Act 1955

The relevant provisions in the Employment Act 1955 ("EA 1955") governing pregnancy and maternity can be found in Part IX of the EA 1955. The Employment (Amendment) Act 2022, which came into operation on 1st January 2023, recently made several amendments to sections...

Paternity Leave under the Employment Act 1955

The Employment (Amendment) Act 2022, which came into operation on 1st January 2023, introduced paternity leave entitlements for male employees. The relevant section is Section 60FA of the Employment Act 1955: "Paternity leave 60FA. (1) Subject to subsection (3), a...