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Significant Impact for Stamp Duty on Loan Agreements [Court of Appeal Decision in Pemungut Duti Setem v Ann Joo Integrated Steel]

Significant Impact for Stamp Duty on Loan Agreements [Court of Appeal Decision in Pemungut Duti Setem v Ann Joo Integrated Steel]

by DNH (BD) | Nov 26, 2025 | Corporate and Commercial

The Court of Appeal of Malaysia in Pemungut Duti Setem v Ann Joo Integrated Steel Sdn Bhd [2025] 1 MLJ 141 delivered a landmark judgment considering (i) whether a loan instrument qualifies as an instrument under Item 22(1)(b) of the First Schedule of the Stamp Act...
No Automatic Directors’ Retirement by Rotation — An AGM Still Required

No Automatic Directors’ Retirement by Rotation — An AGM Still Required

by DNH (BD) | Nov 21, 2025 | Corporate and Commercial

In Dato’ Sri Andrew Kam Tai Yeow v Grandfoods Sdn Bhd & Anor and other appeals [2025] MLJU 819, the Malaysian Court of Appeal (“COA”) recently considered a specific legal question: whether a director scheduled to retire by rotation under the company’s Articles of...
Case Spotlight: Hospitalization Leave Covers Weekends and Public Holidays

Case Spotlight: Hospitalization Leave Covers Weekends and Public Holidays

by DNH (BD) | Nov 14, 2025 | Employment Law

Employees are entitled to sick leave and hospitalization leave under the Employment Act 1955 (“EA 1955”). However, the EA 1955 does not expressly state whether such leave should include rest days or public holidays when the period of illness or hospitalization spans...
Case Spotlight: Industrial Court is Empowered to Grant Cease and Desist Orders

Case Spotlight: Industrial Court is Empowered to Grant Cease and Desist Orders

by DNH (BD) | Nov 13, 2025 | Employment Law

If a party to Industrial Court proceedings takes steps to undermine the process or create further industrial unrest while a case is pending, can the Industrial Court step in to stop such conduct? The Industrial Court in Malayan Banking Berhad v National Union of Bank...
Case Spotlight: Employers Should Consult Trade Unions Even When the Collective Agreement Is Silent

Case Spotlight: Employers Should Consult Trade Unions Even When the Collective Agreement Is Silent

by DNH (BD) | Nov 10, 2025 | Employment Law

Under most collective agreements, employers are required to consult the trade union before making key decisions that affect workmen. But what happens when the collective agreement is silent on the need for consultation in a particular situation? Should the employer...
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