THE UPDATE SCOOP (13 # 2025 ) Validity of Conditional Payment clause in Court or Arbitral proceedings | Arbitration By TAY & HELEN WONG – November, 2025 It is widely recognized that the Construction Industry Payment and Adjudication Act 2012 (CIPAA2012) was enacted to facilitate regular and timely payment, to provide expeditious […]
Moneylending Contract Void but Not Illegal – Restitution Claim Allowed | Moneylending By TAY & HELEN WONG – 31 October, 2025 The enforceability of a moneylending agreement that does not comply with the Moneylenders Act 1951 (the MLA) and recoverability of the monies disbursed under such agreement were the focal points in the Court […]
Exemplary Damages against TNB for Wrongful Disconnection of Power Supply | Assessment of Damages By TAY & HELEN WONG – 15 October, 2025 In Big Man Management Sdn Bhd v Tenaga Nasional Berhad [2025], our sole national electricity supplier, TNB was found liable for disconnecting the electricity supply to the plaintiff’s premises of […]
Local Authority to Maintain Roadside Trees Planted on Federal Reserve Land | Tort By TAY & HELEN WONG – 30 September, 2025 In issue Q3 of 2023 of THE UPDATE, we featured the case where the JKR and vicariously, the Government of Malaysia were held to be liable for injuries caused to the Plaintiff […]
Bank’s Duty of Secrecy as per BAFIA and not Tournier | Banking Law By TAY & HELEN WONG – 24 September, 2025 In the infamous National Feedlot Corporation controversy which involved leak of the company’s confidential banking information and its publication to the media by a lawmaker back in 2012, the bank was […]
“Shock & Awe” Strategy Rendering MSA Invalid | Employment Law By TAY & HELEN WONG – 7 August, 2025 Employers who are planning to enter into mutual separation agreement (MSA) or implement mutual scheme of separation (MSS) are advised to read the Court of Appeal’s decision in Fatimah Noordin v Carsem (M) Sdn […]
“Pre-Packaged Scheme of Arrangement under New S.369C” | Company Law By TAY & HELEN WONG – 21 July, 2025 In probably the first reported case on the newly enacted s.369C of the Companies Act 2016 (CA2016) of Malaysia on pre-packaged scheme of arrangement, the learned Judicial Commissioner (JC) in Re: Pestech International Berhad [2025] […]
“Proof of Documents Tampered With” | Evidence Law By TAY & HELEN WONG – 25 June, 2025 In a strongly worded decision, the Federal Court reversed the decision of the Court of Appeal in Live Capital Sdn Bhd v Pioneer Conglomerate Sdn Bhd [2025]. The facts are uncomplicated. P claimed against D for […]
“Legality of STR / Airbnb” | Property Law By TAY & HELEN WONG – 19 June, 2025 The legality of short term rentals (STR) (such as Airbnb, holiday let) was in issue in the Court of Appeal case of Wawasan Raya (M) Sdn Bhd and another v MARC Service Residence Management Corporation [2025]. P […]
“Bank Liable for Mistake in Remittance via TT” | Banking Law By TAY & HELEN WONG – 10 June, 2025 The incident in Anish Resources Sdn Bhd v Public Bank Bhd [2025] could have happened to any one of us, that your bank erroneously credited your remittance into a wrong bank account of […]