Halim Hong & Quek

Constructive Dismissal: The Applicable Test – “Contract Test” vs The “Reasonableness Test”

The recent Federal Court judgment in Tan Lay Peng v RHB Bank Berhad (Civil Appeal No.01(f)-10-04/2023(P), brings into focus the intricate balance between the contract test and the reasonableness test in cases involving constructive dismissal cases in Malaysia.

AI Deepfake Technology: Understanding Its Business Use Case, Legal Considerations, and Best Practice

Read this article as it explores the rise and implications of deepfake technology within the realm of marketing and advertising.

E-Waste and ESG Compliance: What Companies Need to Know

This article discusses the increasingly important issue of electronic waste (e-waste) management within the context of Environmental, Social, and Governance (ESG) principles.

Real-World Assets in Blockchain: Why Companies Should Pay Attention

This article introduces the concept of tokenizing real-world assets (RWAs) and highlights its significance amidst the increasing acceptance and adoption of blockchain technology. It outlines the benefits of RWAs tokenization for companies and explores potential applications in various sectors.

(Section 35 of CIPAA 2012) Overview of Authorities on Conditional Payment

CIPAA 2012 was introduced to facilitate regular and timely payment in respect of construction contracts and to provide for speedy dispute resolution through adjudication.

Land Reference Proceedings: Written Opinions of Assessors Must Be Made Available to the Parties

Tegas Sejati Sdn Bhd v Pentadbir Tanah dan Daerah Hulu Langat & Anor [2024] MLJU 416; [2024] CLJU 330; (Civil Appeal No.01(f)-46-11/2022(B))

Stranded in Strata: How Unpaid Maintenance Fees Impact Tenants under the Strata Management Act 2013

Under the Strata Management Act 2013 (SMA), the management body of a condominium needs to provide proper maintenance and management for the buildings and common property, as well as other related matters. To achieve this, each condominium unit owner will need to pay fees to these management bodies.

Pembinaan Federal Sdn Bhd v Biaxis (M) Sdn Bhd (Case No. BA-12AC-3-07/2023)

In the recent High Court decision of Pembinaan Federal Sdn Bhd v Biaxis (M) Sdn Bhd, the High Court of Malaysia examined, amongst others, whether a liquidator of a wound-up company is bound by any arbitration agreement which was not entered by the liquidator, but the wound-up company prior to liquid

Private Hospitals to pay for their Doctor’s Negligence

The claim in this case is based on the tort of negligence. The law of tort is based on a fault-based system where it imposes liability on the wrongdoer, also known as the tortfeasor. Ordinarily, the law does not hold one accountable for the actions or inactions of another.

Security Issues in the Secondary Market

The secondary market refers to a financial market where investors trade previously issued financial instruments and securities after a company has made an initial public offering of its securities on the primary market.

Credit Reporting Agencies Are Not Authorised to Formulate Their Own Credit Score

The High Court found that the credit reporting agency in this case provided inaccurate/ false credit information and awarded a sum of RM200,000 as general damages to the person whom the credit information was related to.

Cyber Security Bill 2024 Decoded: 5 Key Insights for Strategic Compliance

In our increasingly interconnected world, cyber security threats pose a significant risk to national security.

Disposal of Real Properties Subject to Income Tax?

This is a classic RPGT vs income tax case. For decades, taxpayers have been in tug-of-war with the DGIR in determining whether a disposal of a real property is subject to income tax or RPGT.

Payment for Exemption from Building Low-Cost Housing is NOT Tax-Deductible

Recent case of Ketua Pengarah Hasil Dalam Negeri Malaysia v Ehsan Armada Sdn Bhd [2023] MLJU 2906

Failure to Plead the Relevant Contractual Clause in Adjudication Proceedings (CIPAA 2012) is Fatal

Anas Construction Sdn Bhd v JKP Sdn Bhd & Another Appeal [2024] MLJU 53; [2024] CLJU 63; (Civil Appeal No.: 02(f)-4-01-2023(P) (Federal Court)

Settlement Agreement attracts ad valorem stamp duty?

Recently, the High Court in CIMB Bank Bhd v Pemungut Duti Setem [2023] MLJU 1011 held that a settlement agreement entered into by the parties was not a subsidiary instrument and liable to ad valorem stamp duty under Item 22(1)(a) of First Schedule to the Stamp Act 1949 (“Stamp Act”).

HHQ named Malaysia’s Fintech Law Firm of the Year

We are proud to announce that Halim Hong & Quek, a member firm of Andersen Global, received the award for “Fintech Law Firm of the Year” at the Asian Legal Business Malaysia Law Awards 2024 held on March 1, 2024.

Federal Court rejects Purchaser’s leave application to appeal on issue of “ready for connection”

The cut-off date for the calculation of LD shall be date the notice of vacant possession of the Property was issued, NOT the date of installation of electricity meter.

Guide to Compulsory Land Acquisition in Malaysia

The Federal Constitution provides that no person shall be deprived of property, save in accordance with the law, and that no law may provide for compulsory acquisition or use of property without adequate compensation.

“Garnishee Order to Show Cause” Does Not Affect / Freeze Monies Paid After Service of Order

Garnishee proceedings are an enforcement method available to a Judgment Creditor (“JC”) that has obtained a monetary judgment against a Judgment Debtor (“JD”). A JC may pursue to reclaim the sum owed via a third party (usually a bank) who is indebted to the JD, known as a Garnishee.

Protecting Yourself: A Legal Perspective on Online Scams

In the rapidly evolving digital landscape, online scams have become a prevalent threat, targeting unsuspecting individuals across various platforms.

Arbitration Agreement: Refusal of A Party To Pay Its Share of AIAC's Deposit

The recent decision by the Court of Appeal in the case of JSB v ACSB (Case No: P-02(IM)(NCVC)-2008-10/2022 has highlighted the importance for parties in an arbitration proceeding to comply with their respective obligations to make payment for the respective deposit of fees.

Addressing Copyright Infringement and Challenges in AI Training

In the current era, artificial intelligence (AI) has evolved from a mere buzzword to a tangible advancement with an expansive and rapidly growing market.

ARTIFICIAL INTELLIGENCE AND CYBERSECURITY - A Double-Edged Sword Fight

The release of ChatGPT brought along with it a wave of Artificial Intelligence (“AI”) driven revolution.

Spot Bitcoin ETF Approval: A Rollercoaster 48 Hours and Its Global Regulatory Implications

In a historic move, Gary Gensler, the Chair of the U.S. Securities and Exchange Commission (SEC), has officially confirmed the approval and impending listing of Spot Bitcoin ETFs.

Landowners Are Not Entitled To Compensation For Illegally Constructed Buildings

MMC Tepat Teknik Sdn Bhd v Pentadbir Tanah Daerah Klang & Anor and other appeals [2023] 5 MLJ 520

Court of Appeal upheld the High Court decision in SME Case

On 16.11.2023, the Court of Appeal upheld the High Court decision in Small Medium Enterprise Development Bank Malaysia Berhad v Oren Venture Sdn Bhd & Ors and another case [2022] MLJU 410 (“SME Case”).

The European Union Artificial Intelligence Act - Should Artificial Intelligence Be Regulated?

Since the European Union Artificial Intelligence Act (the “EU AI Act”) was proposed by the European Commission in 2021, the European Parliament and Council have finally reached a provisional agreement on the final version of the EU AI Act on 9 December 2023.

Understanding Spot Bitcoin ETF and Its Potential

In the midst of the ongoing crypto winter, characterized by disillusionment and skepticism in the cryptocurrency market, a potential game-changer emerges—the Spot Bitcoin ETF.

Land Caveats: What Are They and the Different Types of Land Caveats

Caveat is essentially an official record of interest lodged against ownership of a property/land to prevent any dealing over the said property/land.