Legal Updates

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Joint Venture Agreements: Personal Liability Explained

Can You Sue Your Joint Venture Partner Personally? Introduction When business partners establish a joint venture company, does the company’s separate legal personality protect them from being personally sued if they breach their joint venture agreement? Can an investor recover money directly from its business partners, or must the investor commence legal proceedings on behalf

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Can Your Neighbour Damage Your Land? RM 3 Million Land Damage Claim

Can Your Neighbour Be Liable for Earthworks That Damage Your Land? Malaysian High Court Awards RM3.02 Million Repair Costs and RM5,000 Per Day Property owners often assume that they are free to carry out excavation, construction and earthworks within their own land. However, ownership of land does not necessarily give a person an unrestricted right

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Can a Landlord Keep a Tenant’s Deposit in Malaysia? A Recent High Court Case

Landlord and Tenant Disputes in Malaysia: Deposits, Repairs and WhatsApp Evidence Introduction Tenancy disputes in Malaysia are rarely limited to one simple question of whether rent was paid. When a tenancy comes to an end, disagreements may arise over security deposits, renovation costs, repairs, damaged items, outstanding rent, utility bills and even WhatsApp messages exchanged

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When ‘30 Years’ Does Not Mean 30 Years: Court of Appeal on Contract Expiry and Renewal

Court of Appeal: A Contract Stated to Last 30 Years May Still Expire Earlier – Lessons on Renewal, Vacant Possession and Damages Case Commentary: Vigilant Ventures Sdn Bhd v Lembaga Kemajuan Ikan MalaysiaCourt of Appeal Malaysia | Civil Appeal No. K-01(NCVC)(W)-391-07/2023Decision dated: 24 June 2026 A commercial agreement states that the parties intend for their

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Owed Money Does Not Mean You Can Caveat the Property

Successful Orders to Remove a Private Caveat and Restrain Further Caveats Over Our Client’s Property Today, we are pleased to share a significant outcome achieved for our client in a recent property dispute before the Kuala Lumpur High Court. The case concerned the use of a private caveat to secure payment of a disputed monetary

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Court of Appeal on Wrongful Private Caveats, Property Sale Agreements and Fiduciary Duties

When a Property Agent Acts Against His Client: Lessons from a Malaysian Court of Appeal Decision A recent decision of the our Court of Appeal provides an important reminder to landowners, property agents and purchasers about the consequences of a disputed property transaction — particularly where a private caveat is lodged over land and the

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Successful Further Evidence Application in Court of Appeal

A Significant Appellate Development: Court of Appeal Clarifies the Need for Leave to Adduce Further Evidence A recent appeal handled by our firm has resulted in an important procedural clarification concerning the adducing of further and new evidence before the Court of Appeal. We are pleased to share a significant development arising from proceedings before

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No Signature, No Contract? Malaysian Law on Unsigned Agreements

Can an Unsigned Agreement Be Legally Binding in Malaysia? Can an unsigned agreement be legally binding in Malaysia? This is a common question in commercial transactions, particularly where parties have negotiated an agreement, exchanged documents, made preparations for performance or otherwise acted as though a transaction has been concluded, but one party has not signed

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Federal Court Decision in Syed Saddiq: Criminal Breach of Trust and Money Laundering Law

Federal Court Clarifies Criminal Breach of Trust and Money Laundering Laws in Malaysia: The Syed Saddiq Decision The Federal Court recently delivered one of the most significant criminal law judgments in Malaysia by dismissing the Public Prosecutor’s appeals against Syed Saddiq Syed Abdul Rahman. The majority decision affirmed the Court of Appeal’s ruling which had

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How Non-Disclosure Can Void Your Life Insurance Policy – High Court

Life Insurance Claim Rejected for Non-Disclosure of Symptoms: High Court Clarifies the Duty of Disclosure Under the Financial Services Act 2013 Life insurance is intended to provide financial security for loved ones upon the death of the insured. However, policyholders must appreciate that the duty to disclose relevant medical information begins even before the insurance

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