Empower Newsletter May 2023

In this edition of Empower, we have articles covering employment law, tax law, real estate as well as an article on the process of enforcing foreign judgments in Malaysia.

This month’s Empower is packed with concisely-written yet comprehensive insights and case updates on a range of topics, including real estate, tax and the application of the COVID-19 Act in a construction dispute.

In this first issue of 2023, we will touch on the following subjects:
(i) how to draft an effective settlement agreement;
(ii) case update on protection to employees involved in trade union activities; and
(iii) case update on the dismissal of the purchasers’ leave to appeal to the Federal Court (Alvin Leong & 14 Ors v Bludream and other appeals).

2022 has been an eventful year for us as an Alliance, as well as for our nation of Malaysia. In addition to bringing legal updates to our readers in this edition, in our Insight Out section, we take a trip down memory lane to look at all that has happened this year. Till we see you in 2023; happy new year!

In this issue, we have articles featuring issues relating to committal proceedings, adjudication under the CIPAA 2012, as well as the common issue of liquidated damages and delivery of vacant possession.

+ Real Estate (page 3-4)
Guidelines on the Virtual or Remote Witnessing of Execution of a Document
+ Corporate & Commercial (page 5-6)
Customs is Not Allowed to Take Advantage of its Own Wrongdoing
+ Dispute Resolution (page 7-9)
Salient Changes to the Courts of Judicature Act 1964
+ Employment & Industrial Relations (page 10-12)
Enforcement of an Industrial Court Award
+ Inside Out (page 13)
HHQ turns 22!
A visit to India for the Andersen Regional Partners Meeting 2022

+ A brief on HHQ x HLP INAUGURAL JOINT CONFERENCE
+ HHQ 22 YEAR ANNIVERSARY
+ “AN INTERVIEW WITH DATO’ QUEK NGEE MENG, MANAGING PARTNER OF HHQ”

+ Joint Venture Agreement for Construction Projects: A Quick Guide – page 6
+ Risk Management and Risk Allocation in Construction Contracts – Is There A Perfect Formula? – page 8
+ Gated & Guarded Community in Malaysia: The Legality of this Scheme in Non- Stratified Properties – page 11
+ Inside Out – page 14

+ MyCC’s Green Light for M&A Soon?
+ Stamp Duty Exemption under i-MILIKI announced by the Prime Minister on 15th July 2022.
+ A Recent Federal Court’s Decision on the Issue of Sovereign Immunity in an Employment Ddispute
+ Case summary: U Television Sdn Bhd & Anor v Comintel Sdn Bhd [2017] 5 MLJ 292
+ Inside Out

+ CASE SUMMARY: WONG CHOY PHENG & ORS V TAYLOR’S UNIVERSITY SDN BHD [2002] 2 ILR 88
+ COMPULSORY LAND ACQUISITION IN MALAYSIA: LANDOWNER’S RIGHTS TO PROTEST OR DEFEND AN AWARD
+ PRESERVATION OF ASSETS PURSUANT TO SECTION 11 & 19 OF THE ARBITRATION ACT 2005 (“AA 2005”)
+ WHAT DO YOU NEED TO KNOW BEFORE RENOVATING YOUR STRATIFIED HOME?
+ INSIDE OUT