Malaysia | Newsletter - March 2021

To read the articles below, please click here.

PJD Regency Sdn Bhd v Tribunal Tuntutan Pembeli Rumah: Calculation of liquidated agreed damages commences from the date of payment of booking fee

In the recent case of PJD Regency Sdn Bhd v Tribunal Tuntutan Pembeli Rumah, the Federal Court delivered a landmark decision in affirming that where there is a delay in the delivery of vacant possession by a developer to the purchaser under a statutory form contract (“Scheduled Contract”) prescribed in the Housing Development (Control and Licensing) Regulations 1989 (“Regulations 1989”), the date of calculation of liquidated agreed damages (“LAD”) begins from the date of payment of booking fee and not from the date of the sale and purchase agreement.

A case note by Alexis Yong Mey Ling.

OSHA Bill 2020 — Proposed amendments to the Occupational Safety and Health Act 1994 (“OSHA Act”) – What should be noted by the Employer

On 2 November 2020, the Occupational Safety and Health (Amendment) Bill 2020 (“OSHA Bill”) was tabled for first reading in Parliament and introduces noteworthy amendments to the OSHA Act.

In this article, Nur Najehah Jalaldin discusses some of the proposed amendments to the OSHA Act.

The Personal Liability of Directors and Third Parties in an Oppression Suit

In the recent case of Auspicious Journey Sdn Bhd v Ebony Ritz, the Federal Court addressed the issue of whether liability can be imposed on directors and third parties in an oppression action under section 181 of the Companies Act 1965 (“CA 1965”) (now section 346 of the Companies Act 2016 (“CA 2016”)). It was held that in an appropriate case, such liability can be imposed on directors and third parties.

A case note by Lyness Lim Wei Xeng.

Catajaya Sdn Bhd v Shoppoint Sdn Bhd: Interpretation of Termination Clause

It is important to deal with the termination of any contract in a delicate manner as there may be farreaching consequences to the relationship and contractual obligations of the contracting parties. More so if the termination is not mutually agreed to by the contracting parties or is effected unilaterally as it would essentially end the commercial relationship and free parties
from their respective future contractual obligations.

Recently, the Federal Court in Catajaya Sdn Bhd v Shoppoint Sdn Bhd gave a significant decision on the construction of termination clauses.

A case note by Charlie Wong Jing Xiong.

New Developments in Patent and Copyright: A case note on Sungei Kahang Palm Oil Sdn Bhd v YKL Engineering Sdn Bhd

In this article, Elisia Engku Kangon explores the decision of the Court of Appeal in Sungei Kahang Palm Oil Sdn Bhd v YKL Engineering Sdn Bhd, which discussed several significant points in the context of patent and copyright laws in Malaysia.

The Coca-Cola Company & Subsidiaries, Petitioner v Commissioner of Internal Revenue, Respondent

In November 2020, the United States Tax Court (“USTC”) decided in favour of the Internal Revenue Service (“IRS”) against The Coca-Cola Company (“Coca-Cola”) on certain transfer pricing issues, resulting in an additional tax payment of more than USD 3.3 billion.

In this article, Sharon Lau Foong Yee reviews the decision of the United States Tax Court in the case of the Coca-Cola Company & Subsidiaries, Petitioner v Commissioner of Internal Revenue, Respondent.

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