[REGULATORY AND COMPLIANCE] Can Industry Players Cooperate by Sharing Commercially Sensitive Information?
End of 2023, the Malaysian Competition Commission imposed a hefty financial penalty amounting to RM415 million on five poultry feed millers.
In this alert, Associate, Aida Faralyana binti Azlan, summarises the key takeaways from the decision.
If you have any queries, please contact Associate, Aida Faralyana Binti Azlan (afa@lh-ag.com), or her team Partner, Hoi Jack S’ng (hjs@lh-ag.com).
[TAX, CUSTOMS & TRADE] Special Alert: Navigating Capital Gains Tax: Roadmap to a New Tax Landscape
With the gazetting of the Finance (No. 2) Act 2023 on 29.12.2023, capital gains tax (“CGT”) was introduced into the Malaysian tax regime.
In this alert, Partner, Chris Toh Pei Roo, and Associate, Henry Tan, summarise the essential elements and information relating to this new tax.
If you have any queries, please contact Associate, Henry Tan (htn@lh-ag.com) or his team Partners, Jason Tan Jia Xin (tjx@lh-ag.com), Ivy Ling Yieng Ping (il@lh-ag.com), and Chris Toh Pei Roo (tpr@lh-ag.com).
[INTERNATIONAL ARBITRATION] Special Alert: Balancing Desire and Danger: Regulating Third-Party Funding In A Global Context
Third-party funding (TPF) involves a party not directly involved in a legal dispute providing financial support to one of the litigating parties for legal proceedings. These practices have been increasing globally as a growing industry.
In the international arbitration case involving Malaysia and the Sulu heirs, the importance of regulating TPF activities has been highlighted. This calls for an examination of TPF regulatory systems in other jurisdictions.
If you have any queries, please contact Pupil, Lim Jia Yun Ruth (jylim@lh-ag.com) or her team Partner, Crystal Wong Wai Chin (wwc@lh-ag.com).
[DISPUTE RESOLUTION] Special Alert: Court of Appeal Clarifies Jurisdiction of Housing Tribunal And Limitation Period Under Section 16N(2) of the HDA
Tribunal for Homebuyers Claims – Jurisdiction And Limitation Period
In the past, there were conflicting decisions on the interpretation and applicability of Section 16N(2) of the Housing Development (Control & Licensing) Act 1966 (HDA), which provides the jurisdiction of the Tribunal for Homebuyers Claims (Tribunal), as well as the time limitation for claims lodged by homebuyers with the Tribunal.
In a recent decision in Lakefront Residence Sdn Bhd v Tribunal Tuntutan Pembeli Rumah & Anor (and 3 Other Appeals), the Court of Appeal had the opportunity to clarify issues relating to Section 16N(2) of the HDA. In this case, the developer was accused of making unilateral amendments to the approved building layout plan provided in the Schedule H sale and purchase agreement (SPA) by replacing a centralised air conditioning system with a split unit air conditioning system, which required installation of outdoor compressors in an indoor built-up area which was also the parcel’s kitchen area. Two issues before the Court of Appeal were whether the Tribunal, in allowing the homebuyers’ claims, had exceeded its jurisdiction, and whether the homebuyers’ claims were time-barred. In answering both issues in the negative, the Court of Appeal ruled that the developer’s unilateral change was a “defect” within the ambit of the defects liability clause under the SPA, thereby falling within the jurisdiction of the Tribunal, and that the homebuyers’ claims, which were lodged within 12 months from the date of issuance of the certificate of completion and compliance, were not time-barred.
If you have any queries, please contact Associate, Man Weng Keat (mwk@lh-ag.com) or his team Partner, Ho Ai Ting (hat@lh-ag.com).
[EMPLOYMENT] Special Alert: Redundancy Can Arise Even When The Job Still Exists!
The Industrial Court reaffirms established industrial relations principles that redundancy does not necessarily mean that the job or work no longer exists; it may arise when the business requires fewer employees of whatever kind.
In this Alert, Partner, Amardeep Singh Toor, and Associate, Wong Lien Taa, address a recent decision of the Industrial Court whereby the dismissal of a Sales Manager on the grounds that his role was made redundant following a restructuring exercise was found to be with just cause or excuse.
If you have any queries, please contact Associate, Wong Lien Taa (wlt@lh-ag.com) or his team Partner, Amardeep Singh Toor (ast@lh-ag.com).
[TAX] Special Alert: YEAR IN REVIEW: LHAG’s 10 Notable Tax Cases In 2023
The year 2023 proved to be exciting for the tax law arena. In this special alert, our Tax, Customs & Trade practice group discusses the findings and arguments of our 10 notable cases.
If you have any queries, please contact Associate, Henry Tan (htn@lh-ag.com) or his team Partners, Jason Tan Jia Xin (tjx@lh-ag.com), Ivy Ling Yieng Ping (il@lh-ag.com), and Chris Toh Pei Roo (tpr@lh-ag.com).
[EMPLOYMENT] Special Alert: Expectation for Managers to Understand Job Requirements
The Industrial Court reaffirms established industrial relations principles that probationers holding managerial positions are held to a higher standard and are expected to execute their duties with minimal guidance.
In this Alert, Partner, Amardeep Singh Toor, and Associate, Wong Lien Taa, address a recent decision of the Industrial Court, whereby the non-confirmation of a Regional Sales Manager was found to be with just cause or excuse due to his inability to meet the sales targets set by his employer.
If you have any queries, please contact Associate, Wong Lien Taa (wlt@lh-ag.com), or his team Partner, Amardeep Singh Toor (ast@lh-ag.com).
[EMPLOYMENT] Managing Mental Health Triggers At The Workplace
Bullying or harassment are just some of the triggers that affect the mental health of employees, potentially spelling long-term decline in productivity and additional costs for employers.
In this article, we discuss the duty of employers in providing a safe and healthy work environment, and whether employers may be held liable for psychiatric injury linked to a failure to adequately address said triggers.
If you have any queries, please contact Senior Associate, Nurul Aisyah Hassan (nah@lh-ag.com), or her team Partner, Shariffullah Majeed (sha@lh-ag.com).
[INTERNATIONAL ARBITRATION] Amicable Settlement Process – A Condition Precedent to Arbitration?
In a multi-tiered dispute resolution clause, there are typically certain procedural steps, such as mediation or negotiation, that parties must fulfill before a dispute can be referred to arbitration. However, what happens if a party commences an arbitration without complying with the pre-arbitration procedures stipulated in a contract?
This issue was considered by the Singapore International Commercial Court in the recent decision of CZQ and another v CZS [2023] SGHC(I) 16.
If you have any queries, please contact Associates, Soh Zhen Ning (szn@lh-ag.com) and Charissa Wong Joo June (wjj@lh-ag.com), or their team Partner, Crystal Wong Wai Chin (wwc@lh-ag.com).
[EMPLOYMENT] Artificial Discrimination in the Workplace
In the modern workforce, employers have to adapt to the fast-paced evolving environment. This involves using artificial intelligence (AI) tools to enhance productivity and effectiveness in the workplace. However, with the increased use of AI tools, there is also an increased risk of discrimination occurring at the workplace.
This article discusses the possible biasness that may arise from using AI in the workplace.
If you have any queries, please contact Associate, Summer Chong Yue Han (yhc@lh-ag.com), Senior Associate, Arissa Ahrom (aa@lh-ag.com) or Partner, Sharifullah Majeed (sha@lh-ag.com).