Malaysia | Newsletter - September 2021

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Disqualification of Solicitors

When would an advocate and solicitor should not act? Specifically, when one has once acted as solicitor or counsel for a client in a previous engagement, can he or she later act for an adverse party in a case somewhat related to the matters advised or acted for in the previous retainer? This would normally involve balancing the ethical questions of conflict of interests and the right of a litigant to his or her choice of solicitors or counsel.

A case note by Caitlin Tan Hui Yi.

Landmark Decision on Personal Data Protection in Malaysia

In a landmark decision, the High Court of Malaya at Kuala Lumpur declared that the Director General of Inland Revenue (“DGIR”) cannot use the provisions of the Income Tax Act 1967 (“ITA”) to override the protections offered under the Personal Data Protection Act 2010 (“PDPA”) to undertake a fishing expedition for the personal data of customers held by a company running a business as a data user. 

In this article, Abhilaash Subramaniam discusses the first Malaysian case that
sets limits on demands of personal data by the Inland Revenue Board (“IRB”).

PT Tunas Duta Cemerlang v Mohd Hafizuddin Hiew bin Abdullah [2021] MLJU 1547

On 27 December 2019, the new Trademarks Act 2019 (“TMA 2019”) came into effect in Malaysia, repealing the Trade Marks Act 1976 (“TMA 1976”). The coming into force of the TMA 2019 has given rise to several procedural issues.

The case of PT Tunas Duta Cemerlang v Mohd Hafizuddin Hiew bin Abdullah¹ addresses the following procedural issues: 

• whether an action under the repealed TMA 1976 must commence by way of an Originating Summons according to Order 87 rule 2 of the Rules of Court 2012 (“ROC”);
• whether Order 87 rule 2 applies for an action under TMA 2019; and
• whether the irregularities for non-compliance with Order 87 rule 2 are remediable.

A case note by Paw Ying Hui.

Incoming Game Changer in the Merger and Acquisition Space?

According to a recent news report, the Malaysian Competition Commission (“MyCC”) has initiated the process to amend the Competition Act 2010 (“CA”) to incorporate merger controls in Malaysia. The introduction of a merger control regime in Malaysia, which is expected to be by the end of 2021, may allow the MyCC to review a proposed merger and acquisition (“M&A”) transaction and determine whether the same will have any significant anti-competitive effects. 

In this article, Ong Jun Loong examines the proposed amendments to the
Competition Act 2010 to introduce merger control provisions.

Implementation of New Workplace Policies following the COVID-19 Pandemic

As parts of the world are gradually easing their lockdown restrictions and vaccinations are being rolled out, many employers are beginning to prepare for strategies to bring employees back to the office. Whilst many are eager to return to normalcy, it is undeniable that the post-pandemic workplace will never be the same. 

Considering that we are still in the early phases of recovery and vaccine efficacies are still being observed, one of the main concerns that employers would have are strategies to create a safe working environment for their employees. 

This would lead directly to the burning question of whether employers can unilaterally impose new workplace policies, especially on its existing employees. 

In this article, Grace Chai discusses the legality of the implementation of new
policies that may be required in a post-COVID-19 workplace.

Stamp Duty Exemptions on Purchase and Financing of Residential Properties

In conjunction with the Malaysian Government’s effort to address the economic challenges arising from the COVID-19 pandemic, the Malaysian Government has introduced various stamp duty exemptions to encourage more take-up in properties and stimulate the property market.

In this article, Tan Yin Lu looks at the Malaysian Government effort to stimulate
the local property market through various stamp duty exemptions.

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