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Case Analysis: TRIPLE ZEST TRADING & SUPPLIERS & ORS v. APPLIED BUSINESS TECHNOLOGIES SDN BHD [2023] 10 CLJ 187
This Federal Court case revolves around the legality of a loan agreement that charges 100% interest, disguised as an “agreed profit,” and whether the respondent was in the business of moneylending under the Moneylenders Act...
Discharge of Charge and Deed of Receipt and Reassignment in Malaysia: A Comprehensive Guide
Introduction In the realm of property ownership and financing, ensuring proper legal documentation is vital for protecting the rights of both borrowers and lenders. Two key legal documents – Discharge of Charge and Deed of...
Application For Single Status Certification in Malaysia
What is a Single Status Certificate? A Single Status Certificate, or a Certificate of No Impediment to Marriage, is an official document issued by relevant authorities to confirm that an individual is not currently married...
Building Great Partnerships with Ambassadorship and Influencer Agreements
In today’s digital world, partnerships between brands and influencers are everywhere. From skincare routines to travel adventures, influencers bring products to life in ways that feel authentic and relatable. But, to make these partnerships successful,...
Native Customary Land in Sarawak
Q: What is Native Customary Land (NCL)? A: NCL refers to land that has been used or occupied by Sarawak’s native communities under customary law, typically for farming, hunting, and other traditional activities. It is...
Can Foreigner Own Immovable Property In Sarawak?
Q: Who is classified as a “foreigner”? A: As defined under the Sarawak Land Code, a foreigner is: – a) any person who is not a Malaysian citizen and not permanently resident in Sarawak; b)...
Right to Privacy In Malaysia
Introduction Imagine enjoying a pleasant meal at a restaurant, accompanied by some light-hearted music and casual dance moves. After returning home and resuming your usual activities, you are suddenly overwhelmed by a flood of messages...
Maintenance Obligations Between Spouses
In the past, women were often confined to household responsibilities, with their contributions limited to managing the home and caring for the family. However, this traditional division of roles has evolved considerably. Today, women are...
OPINION ON HLC V PTL & GEN [WA-33-30-01/2021] DECIDED ON 15 APRIL 2024
BACKGROUND FACTS 1. On 18 April 2024, several major news portals reported on a recent divorce case decided by High Court Judge Evrol Mariette Peters. Among others, FMT reported the case with a headline of...
Guidelines to Effective Governance for Non- Governmental Organization
In recent times, NGOs have come under scrutiny due to instances of misuse for money laundering, lack of transparency, and other governance issues that risk damaging their reputation and eroding public trust. Ensuring robust governance...
Execution and Distribution of Deceased’s Estates in Sarawak
1. What is “estate execution”? Estate execution refers to the legal process of administering the assets, debts and possessions left behind by a deceased individual and this process involves a last will and testament. It...
How To Discharge From Bankruptcy Order
1. If I have been declared bankrupt, what should I do to discharge myself? There are several methods for obtaining a discharge from bankruptcy, which can vary depending on the facts. A person who is...
Soalan Lazim: Pengesahan Pernikahan
Majlis pernikahan yang dilakukan di dalam dan luar negara tanpa kebenaran Mahkamah Syariah sudah menjadi amalan dan budaya masyarakat Malaysia tanpa mengetahui impak serta kesan yang akan berlaku sekiranya pernikahan tersebut tidak didaftarkan di Malaysia....
Can I Sell My Portion of a Joint-Name Property?
Joint name property means ‘joint ownership’ or ‘co-proprietorship’ of a property. It simply refers to two people (or more) who each have a share of the same property. This could include cohabiting couples or friends...
Application of Probate or Letter of Administration in Sarawak
1. What is Probate and Letter of Administration? A. Probate or Letter of Administration are legal documents issued by the Amanah Raya Berhad/District Office in Sarawak for the purpose of the distribution of Deceased’s assets....
The Doctrine Non-Delegable Duty in Malaysian Health Care (Part 1)
Introduction The recent case of Siow Ching Yee (Menyaman melalui isteri dan wakil litigasinya, Chau Wai Kin) v. Columbia Asia Sdn Bhd[1] is a significant development in Malaysian medical negligence law. In a 4-1 majority...
Understanding Your Rights in Cases of Inaccurate CTOS Scores
In the age of rapid digitalization and data-driven decision-making, the concept of credit scoring has become increasingly prevalent. Among these scoring systems, the Credit Tip-Off Service (CTOS) score holds significant sway, influencing various aspects of...
Prenuptial Agreements: Understanding the Basics and Beyond in Malaysian Law
In the context of Malaysian society, where family values are deeply entrenched and the legal system intertwines with cultural norms, the concept of prenuptial agreements may seem foreign to some. However, as financial landscapes become...
Resealing of Probate in Sarawak
Q1: What is a Probate? A1: A probate is an official or legal document issued by the relevant authority in order for the executors to execute the deceased’s estates in accordance to his wishes stated...
Soalan Lazim: Tuntutan Perceraian Melalui Hakam
Dalam menuntut perceraian di Mahkamah Syariah, ramai pihak bimbang sekiranya suami/isteri beliau tidak mahu memberikan kerjasama dan tidak bersetuju dalam tuntutan perceraian yang telah difailkan. Oleh itu, wujudnya HAKAM sebagai alternatif bagi memudahkan tuntutan perceraian....
Can The Bankrupt Be Sued?
I. ILLUSTRATION Ali was made bankrupt in 2023. However, Siti and Mark wish to sue him for the following matters, respectively: Siti wishes to file a civil suit against Ali for a debt due and...
Real Property Gains Tax (RPGT) Calculation For A Deceased’s Property
1. By Way of Transfer & Transmission • Transmission between Deceased to Executor/Administrator and the transfer between Executor/Administrator to the Beneficiary is deemed no loss or gain. • In this event, no RPGT will be...
So You Have Received A Single Divorce Petition, What Now?
Here the general steps you may need to take when you receive a single divorce petition:- Review the Petition – carefully read the divorce petition to understand the grounds for divorce, requests made by the...
Mediation or Trial?
The choice between mediation and Trial depends on the specific circumstances of the legal dispute and the preferences of the parties involved. Here’s a brief overview of both options:- Mediation Mediation is effectively a supervised...
The Differences between Developer Sales and Sub-Sales in Malaysia
In the Malaysian real estate market, there are two (2) common types of property transactions, which are stated below:- Developer Sales: Developer Sales are the purchase of properties directly from the Developer. These properties are...
FAQs: Can you commence legal action?
1 I) A claims that B owes him a sum of money. B died last week. What can A do? General rule: section 8(1) of Civil Law Act: all cause of action subsisting against or...
Legal issues in business: Legal Perils of Neglecting Proper Documentation in Business
Key takeaway: Ensure proper documentation for all business transactions to avoid potential accusation of wrongdoings, impropriety, or fraud Introduction Running a business inherently involves risks. One of the significant risks arises from neglecting proper documentation....
Legal Issues in Business – Unveiling the Legal Perils: How Inadequate Documentation Can Lead to Accusations of financial Impropriety, Fraud, or Breach of Trust
Key takeaway: Business must not only be done properly but must ‘BE SEEN’ to have been done properly. Simply put, business transactions must be properly and adequately documented. The Kuala Lumpur Court Drama A few...
Legal Issues in Business: Common Pitfalls When Handling Contractual Disputes
Key Takeaway: Life is full of irony, and the handling of contractual disputes is no exception. It is essential to approach such disputes cautiously, as conventional methods may inadvertently backfire, leaving the innocent party liable...
Domestic Inquiries: Best practices
1. What is a domestic inquiry? 1.1 A domestic inquiry is an internal disciplinary proceeding conducted by an employer to make a finding as to whether a given employee has committed an act (or acts,...
How To Dissolve Marriage Within the TWO (2) Years of Registration?
Section 50 of the Law Reform (Marriage and Divorce) Act 1976 (Act) sets out that no marriage shall be capable of being dissolved unless such a marriage has surpassed the period of two years upon...
Can properties obtained via inheritance, gift, or love and affection transfer be subjected to division of matrimonial assets?
The definition of ‘matrimonial assets’ under the Law Reform (Marriage and Divorce) Act 1976 The interpretation and definition of the term ‘matrimonial assets’ under the Malaysian Law is rather wide and straightforward. Section 76 of...
Advantages to have a Last Will and Testament
A will and testament are legal documents which contained specific commands by the testator or a will maker on what to do with the assets upon that person’s death. In short, a last will and...
马来西亚单身证明申请指南
View English Version 如果您是马来西亚公民，并计划与外籍配偶结婚，您需要获得“单身证明”（Single Status Certificate）。单身证明是一份文件，证明您是单身人士，未婚或已离婚，可以合法结婚。 以下是关于申请马来西亚单身证明的指南，包括 • 申请程序 • 所需文件 • 等待时间 • 费用 • 律师楼代办的程序等相关信息。 如何您可以通过以下方式申请单身证明： 律师楼将会协助您收集和准备所需文件，并向国家登记处提交申请，然后通知您审核和处理的结果。 申请需要的文件: 以下是您需要准备的文件： • 马来西亚身份证（MyKad）和有效护照副本； • 出生证明副本（如果您的出生证明未在国家登记处注册）； • 其他可能需要的文件，如离婚证书或丧偶证明（如果适用）。 请注意，如果您的文凭或学历证书不是由马来西亚政府颁发的，您还需要进行文件认证。文件认证的过程需要向马来西亚外交部（Ministry of Foreign Affairs）提交申请，并缴纳认证费用。认证完成后，您将获得一份文件认证证明，以证明您的文凭或学历证书是真实有效的。 等待时间和费用 以下是一般的流程： 选择一家信誉良好的律师楼，并与他们联系以了解程序、等待时间和费用。 律师楼代表你提交申请：一旦律师楼收到你的文件，他们将为你提交单身证明申请。...
Your Rights after You Fully Settled Your Housing Loan
Upon confirmation from the bank that your housing loan has been fully settled, your first step will be appointing a qualified lawyer to assist you with the next procedure, of which there are two types,...
GOOD NEWS: Stamp Duty Waiver for Transfer of Property between Family Members
Have you ever thought of transferring your property during your lifetime to your family members? If you’ve been worried about legal costs and stamp duty associated with transferring your property to your family members, there’s...
Drink Driving in Malaysia a Criminal offence?
Drunk driving is a severe offence in Malaysia and is treated as a criminal offence. It basically means a person who drives a motor vehicle whilst the alcohol concentration in their blood, breath or urine...
Effect of Divorce granted by the Court of other Jurisdiction
This article aims to discuss the procedures to enforce the divorce order granted by other jurisdictions (other country). For a civil marriage solemnized abroad and dissolved under the laws of a foreign country, one party...
Can Employer not Pay Employees for Overtime?
Due to the recent amendment of the Employment Act 1955 (“the Act”), there is an increasing concern among the employers regarding the payment of overtime. The employers are piled with the pressure to pay employees...
Updates on Industrial Relations Act 1967
The Industrial Relations (Amendment) Act 2020 have made significant amendments to the Industrial Relations Act 1967, one of which is the deletion of section 33A of the Act and the introduction of section 33C to...
Can I Transfer or Sell the Property by Way of Power of Attorney?
What is Power of Attorney? Power of Attorney (“PA”) is a legal instrument where the Donor confers the authority to the Donee to act on behalf of him in the performance of specific acts. In...
What can you anticipate during divorce: Division of Matrimonial Assets
Besides children’s guardianship and custody, division of matrimonial assets has become a trending topic in recent years, in view that the contribution made and the role played by women in family have become more substantial...
Whether The Special Holiday in State Level is Compulsory
Entitlement Holiday by An Employee the National Day; the Birthday of the Yang di-Pertuan Agong; the Birthday of the Ruler of the State or Yang-di-Pertua Negeri or Federal Territory in which the employee wholly or...
延长租赁契约 (Q&A)
什么是租赁产权？ 租赁产权是指该产业亦或者房屋建于政府土地之上并在取得...
The Way to Reduce CKHT
Real Property Gain Tax, Any Discount on It? Real Property Gain Tax (“RPGT”) a tax levied by the Inland Revenue Board (IRB) on chargeable gains derived from the disposal of real property. As a vendor...
PERFECTION OF TRANSFER (POT)
What is a POT? It basically is a process of perfecting or registering the separate title to a property i.e. the duly issued Individual or Strata Title by the relevant authority under the name of...
PERFECTION OF CHARGE (POC)
POC is a complimentary process performed together with the Perfection of Transfer. This process is only applicable when the purchaser bought a property via financing provided that the purchaser / borrower has still yet to...
Delivery of Vacant Possession in Sarawak
Whether the date of delivery of the vacant possession of the building in Sarawak shall be calculated from the date the booking fee was paid OR from the date the Sale and Purchase Agreement was...
Last and Testament Will Affirmed In Sarawak
According to Section 2(1) of the Wills Act 1959 defines Will as the intention and declaration made by a testator that he or she desires to distribute his or her property. An individual is to...
Most Common Stamp Duty Waiver Applicable in Malaysia as in October 2022
1. First Time Home Buyer Exemption Order Type of Instrument that can be Waived from Stamp Duty P.U. (A) 53 Memorandum of Transfer P.U. (A) 54 Facility Agreement • Applicable to First Time Buyer (the...
FAQS – Grant of Probate, Letters of Administration and Transfer of Deceased’s Property
Preliminary Questions My family member (deceased) has passed away, how do I administer or deal with the assets left behind? If the deceased passed away leaving a will, the executor(s) named in the will would...
Right of Appeal – in Civil Matters
When deciding whether to initiate a Court action, it is common for people to be concerned what if they lose their case, what if the Court’s decision is not in their favour etc. FEAR NOT...
Soalan Lazim: Faraid
Harta apa yang boleh difaraidkan? J: Harta yang didaftarkan di bawah nama Si Mati seperti: a) Harta Tak Alih: tanah dan rumah. b) Harta Alih: wang simpanan bank, saham, KWSP, Tabung Haji, iInsurans, barang kemas...
Solan Lazim: Hibah
Apakah Hibah? J: Hibah adalah pemberian harta secara kasih sayang kepada sesiapa yang dikehendaki ketika Penghibah masih hidup dan tanpa balasan. Adakah saya perlu mendapatkan persetujuan ahli waris yang lain sebelum saya menghibahkan harta saya?...
Soalan Lazim: Wasiat
Apakah wasiat? J: Wasiat adalah pe...
Flow To Discharge Bankruptcy In Malaysia
Being bound by a ‘bankrupt’ status is oftentimes burdensome because bankrupts would be restricted from carrying out what a normal person could do such as travelling overseas (unless with a written permission from the Director...
Updates on Real Property Gain Tax (RPGT) 2022
One of the highlights of the Budget 2022, proposed by Tengku Datuk Seri Zafrul Abdul Aziz, our Minister of Finance, is that the disposal of real property by individual citizens and permanent residents (Part I...
Foreigner Purchase of Property
Purchase of Properties in Malaysia by Foreigners With the blooming of the real property market in Malaysia, it is an ideal time for foreign investors to invest in the country. It is often said that...
Conventional v Islamic Loan
The Differences Between a Conventional and Islamic Housing Loan and the Consequences of Default Regardless of whether you are a Malaysian or a foreigner, you are spoiled with choices of housing loans offered by banks...
Divorce when the Whereabouts of Spouse is Unknown
This article aims to discuss the procedures to divorce when the whereabouts of the spouse is unknown. The only way to dissolve a marriage when the whereabouts of the spouse is unknown is to file...
The Basic Procedure on How a Strata Management Bodies May Recover Outstanding Maintenance Charges
The Strata Legislations provides for the maintenance and management of strata schemes and comprehensive procedures, scope of power and duties to different types of management bodies. Thus, it is essential for these different Strata Management...
The Principles of AR Registered Post
The article seeks to discuss on the principles of AR Registered Post with reference to relevant case law and statute. What is AR Registered Post? Apart from the personal service, another method for service of...
Most frequently asked questions for small claims procedure in Malaysia
What is small claims procedure? The small claims procedure is a relatively cheap, fast and easy way for parties to resolve some types of disputes in the Magistrates’ Court, generally without having to engage a...
Enforcement of Judgment in Malaysia
Introduction Most of the people think that when they have won the case, they will automatically be paid and that is the end of the case. Unfortunately, no, it is not. If the other side...
E-Signing : A Faster, Easier and Safer Way to Sign Your Documents
Introduction The COVID-19 crisis has fundamentally changed the way that we work on a day-to-day basis. Many common, everyday actions have become unsafe, inconvenient or even, impossible. For example, the execution of contracts and other...
FAQs for Single Status Confirmation in Malaysia
Single Status Certificate/ Marital Status Statement: What, Why and How? View Chinese Version What is a Single Status Certificate/ Marital Status Statement? This is a document issued by Jabatan Pendaftaran Negara (JPN) (Malaysia’s National Registration...
Detailed procedure to apply for a Probate and Letter of Administration
This article seeks to discuss about estate administration in Sarawak. In essence, there are two ways to administer a deceased’s assets, that is, by way of probate or letter of administration. Grant of Probate The...
Introduction to the legal and regulatory canvas of the Malaysian Petroleum Industry
Overview Malaysia is the 11th largest oil producing country in the world and the 2nd largest at this in South East Asia. Malaysia is blessed with its strategic location that enables it to grow its...
Law Of The Carriage Of Goods By Sea (PART 17)
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. Time Limit For...
Law Of The Carriage Of Goods By Sea (PART 16)
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. Hague-Visby Rules III...
Law Of The Carriage Of Goods By Sea (PART 15)
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. Hague-Visby Rules II...
Law Of The Carriage Of Goods By Sea (PART 14)
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series, the basis and elements of the Law Of The Carriage Of Goods By Sea...
Law Of The Carriage Of Goods By Sea (PART 13)
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series, the basis and elements of the Law Of The Carriage Of Goods By Sea...
Law Of The Carriage Of Goods By Sea (PART 12)
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series, the basis and elements of the Law Of The Carriage Of Goods By Sea...
Law Of The Carriage Of Goods By Sea (PART 11)
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series, the basis and elements of the Law Of The Carriage Of Goods By Sea...
Law Of The Carriage Of Goods By Sea (PART 10)
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series, the basis and elements of the Law Of The Carriage Of Goods By Sea...
Law Of The Carriage Of Goods By Sea (PART 9)
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series, the basis and elements of the Law Of The Carriage Of Goods By Sea...
Law Of The Carriage Of Goods By Sea (PART 8)
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series, the basis and elements of the Law Of The Carriage Of Goods By Sea...
Law Of The Carriage Of Goods By Sea (PART 7)
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series, the basis and elements of the Law Of The Carriage Of Goods By Sea...
Law Of The Carriage Of Goods By Sea (PART 6)
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series, the basis and elements of the Law Of The Carriage Of Goods By Sea...
Law Of The Carriage Of Goods By Sea (PART 5)
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series, the basis and elements of the Law Of The Carriage Of Goods By Sea...
Law Of The Carriage Of Goods By Sea (PART 4)
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series, the basis and elements of the Law Of The Carriage Of Goods By Sea...
Law Of The Carriage Of Goods By Sea (PART 3)
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series, the basis and elements of the Law Of The Carriage Of Goods By Sea...
Law Of The Carriage Of Goods By Sea (PART 2)
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series, the basis and elements of the Law Of The Carriage Of Goods By Sea...
Law Of The Carriage Of Goods By Sea (PART 1)
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series, as restated by Chakra Thillainathan, the basis and elements of the Law Of The...
Admiralty Law Part 16
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Liability For Marine Pollution...
Admiralty Law Part 15
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Duties and liabilities of...
Admiralty Law Part 14
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Towage contracts The contract...
Admiralty Law Part 13
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. The concept of salvage...
Admiralty Law Part 12
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Limitation Of Liability Scope...
Admiralty Law Part 11
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Civil Liability For Collision...
Admiralty Law Part 10
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Criminal liability for navigational...
Admiralty Law Part 9
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Seamanship and the Collision...
Child Marriage in Malaysia
The issues of child marriage have evolved over the year, which is evident through news and critics comment from academician through publishing articles. Nevertheless, child marriage is still allowed in Malaysia and just last year,...
Admiralty Law Part 8
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Ship sale and purchase...
Admiralty Law Part 7
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Shipbuilding contracts The contract...
Admiralty Law Part 6
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Ship Mortgages Nature Of...
Admiralty Law Part 5
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Ownership And Management Registration...