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When a Right of First Refusal Isn’t So Simple: Lessons from a Recent High Court Case
A “right of first refusal” sounds simple enough. One party must first offer an opportunity to the other before dealing with outsiders. In...
shangneng
Aug 172 min read


Civil Litigation Roadmap in Malaysia: Step-by-Step Guide
A one-page visual guide to the Malaysian civil court process, from letter of demand to final judgment. (by Elisa Ng) Understanding how a...
shangneng
Jul 311 min read


When Judgment Debtor Summons Go the Distance: Discovery, Instalments and a Double Trip to the Federal Court
The Court of Appeal recently clarified on discovery and instalment orders under the Debtors Act, including why bare claims of...
shangneng
Jun 243 min read


Drafting your Will – Lawyers? Optional.
by Lim Ker Ming, with guidance from and editing by Tan Shang Neng It is an urban legend still believed by some that only “professionals”...
shangneng
Oct 18, 20246 min read


Navigating the Ins and Outs of Intercompany Agreements
An intercompany agreement refers to a contract between two or more entities operating within the same group of companies. Intercompany...
Yi Lyn Tan
Jan 3, 20232 min read


LAD: Special & Exceptional Type of Damage that Must Be Communicated
On Thursday, 1 October 2020, I was led by my partner Conrad Young in the hearing of 2 related appeals in the Court of Appeal. After...
shangneng
Oct 2, 20204 min read


Start-ups Weathering the Covid Storm
Tech companies / start-ups were instrumental in the economic rebounds post the last two global economic crisis. Smart money suggests that...
shangneng
Aug 3, 20206 min read


Franchise vs Licence: Who is in Control of What?
Licensing and franchising have been on the up and up in the last few decades. With the country in MCO recovery mode, there appears to be...
shangneng
Jul 17, 20205 min read


Interest Schemes: Funding in a world post-SARS-Cov-2?
You may not be familiar with the term "investment interest schemes". But perhaps in a world post-SARS-Cov-2 where funding for businesses...
shangneng
Apr 20, 20203 min read


Your Contract During a Pandemic
On 11 March 2020, the World Health Organisation declared COVID-19 a pandemic, which it defines as a global spread of a new disease. The...
shangneng
Mar 14, 20206 min read


The Private Banker: A Fiduciary?
Common law Courts have traditionally been reluctant to classify the relationship between a banker and its customer as fiduciary in...
shangneng
Mar 4, 20203 min read


Brandley v Deane (Part 2): Defect v Damage
Whilst the "manifest" test in Brandley v Deane was hailed as a hero and is quotably sexy, this article seeks to demonstrate that insofar...
shangneng
Jan 10, 20194 min read


Brandley v Deane (Part 1): Limitation in Malaysian Construction Latent Defects
In Brandley v Deane, the Irish Supreme Court examined the law on computation of limitation in the context of latent defects, and adopted...
shangneng
Jan 5, 20196 min read


Costs, Forthwith!
An attempt to highlight 2 practical aspects on the issue of costs in civil proceedings which I think ought to be common knowledge, but is...
shangneng
Jun 29, 20185 min read


GST and the Lawyer's Invoice: 6% or 0%?
In a statement on 16.5.2018, the Ministry of Finance announced that goods and services within Malaysia and those imported from abroad,...
shangneng
May 26, 20183 min read
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