Affidavits play a major role in dispensing justice and many proceedings, particularly those of an interlocutory nature, aredisposed of on affidavit evidence alone. In cases where evidence can be conveniently and completely presented in affidavit form, its use will promote the efficient and more orderly disposal of cases. This important part of litigation practice is given a clear and comprehensive exposition by the book Affidavit Evidence.

This book presents a core subject of civil practice from the local perspective. The detailed discussion is amply supported by copious citations of case law, local as well as foreign, and the applicable statutory provisions. The practical insights provided in the book are indeed valuable and will usefully serve both experienced and newer practitioners. The content of the book has been systematically organised and this greatly enhances its utility. Beginning from the fundamentals of the preparation of affidavits, the book then explores in detail the formal requirements for valid affidavits. The practical aspects of the filing and service of affidavits are discussed before an analysis is undertaken of defective affidavits as well as the available curative provisions and remedial measures. The book proceeds to a hands-on discussion of the assessment of affidavit evidence, including cross-examination on affidavits, affidavits in particular proceedings, and finishes off with a look at the effects of the making of false affidavits.

This new edition of Affidavit Evidence contains a wealth of knowledge painstakingly put together by an experienced practitioner of law. It is fully updated to take account of new developments in the law, including the Rules of Court 2012, the Companies Act 2016 and the Insolvency Act 1967.

• Recent cases showing how the courts have been able, relying on Order 1A and Order 2 r 3, to save or allow the use of defective or non-compliant affidavits thereby ensuring that justice is not frustrated by technical non-compliance.
• Discussion on the limits of Order 1A and Order 2 r 3.
• Recent cases dealing with challenges against affidavits in forfeiture proceedings under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 as amended in 2014.
• Recent authorities showing the usefulness of Order 41 r 13 which allows for affidavits made in English outside the jurisdiction to be filed without being accompanied by a translation in Bahasa Malaysia, unless directed otherwise by the court.
• Further consideration of the switch from “must” to “shall” in Order 41 made by the Rules of Court 2012.
• New discussion on expert evidence.
• General improvements and rewriting for better clarity.

Affidavits play a major role in dispensing justice and many proceedings, particularly those of an interlocutory nature, aredisposed of on affidavit evidence alone. In cases where evidence can be conveniently and completely presented in affidavit form, its use will promote the efficient and more orderly disposal of cases. This important part of litigation practice is given a clear and comprehensive exposition by the book Affidavit Evidence.

This book presents a core subject of civil practice from the local perspective. The detailed discussion is amply supported by copious citations of case law, local as well as foreign, and the applicable statutory provisions. The practical insights provided in the book are indeed valuable and will usefully serve both experienced and newer practitioners. The content of the book has been systematically organised and this greatly enhances its utility. Beginning from the fundamentals of the preparation of affidavits, the book then explores in detail the formal requirements for valid affidavits. The practical aspects of the filing and service of affidavits are discussed before an analysis is undertaken of defective affidavits as well as the available curative provisions and remedial measures. The book proceeds to a hands-on discussion of the assessment of affidavit evidence, including cross-examination on affidavits, affidavits in particular proceedings, and finishes off with a look at the effects of the making of false affidavits.

This new edition of Affidavit Evidence contains a wealth of knowledge painstakingly put together by an experienced practitioner of law. It is fully updated to take account of new developments in the law, including the Rules of Court 2012, the Companies Act 2016 and the Insolvency Act 1967.

• Recent cases showing how the courts have been able, relying on Order 1A and Order 2 r 3, to save or allow the use of defective or non-compliant affidavits thereby ensuring that justice is not frustrated by technical non-compliance.
• Discussion on the limits of Order 1A and Order 2 r 3.
• Recent cases dealing with challenges against affidavits in forfeiture proceedings under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 as amended in 2014.
• Recent authorities showing the usefulness of Order 41 r 13 which allows for affidavits made in English outside the jurisdiction to be filed without being accompanied by a translation in Bahasa Malaysia, unless directed otherwise by the court.
• Further consideration of the switch from “must” to “shall” in Order 41 made by the Rules of Court 2012.
• New discussion on expert evidence.
• General improvements and rewriting for better clarity.

Providing unparalleled clarity for a quick mastery of Company Law

Product Information:

Company Law in Malaysia is a definitive and comprehensive reference, encompassing 28 detailed chapters, that thoroughly examine the application and operation of the Companies Act 2016. This publication offers an in-depth exploration of both judicial interpretations and practical applications, making it an invaluable resource for understanding Malaysian corporate law.

Each chapter is dedicated to considering a distinct and thematically cohesive area of company law, allowing for a structured and focused examination of key topics. Topics include the classification and incorporation of companies, corporate liability, company constitution, share capital, dividends, and the roles and responsibilities of directors, secretaries, and auditors. The book also covers essential corporate governance issues such as meetings, resolutions, financial reporting, issuance of prospectuses, shareholder remedies, and the management of company finances.

Further chapters provide detailed insights into corporate restructuring, rescue mechanisms, winding-up procedures, foreign companies, takeovers and mergers, creditors' rights, e-commerce and digital enterprises, as well as the application of Islamic principles within corporate governance frameworks. Some of these areas are often overlooked in standard texts but are critically important in practical terms.

Led by two distinguished academicians and enriched by contributions from seasoned experts in company law, this authoritative publication delivers the latest legal developments and case analyses to keep readers up-to-date and informed of the law applying to corporations in Malaysia. Designed to support law students, practitioners, corporate professionals, and academics alike, Company Law in Malaysia is an essential addition to any professional or academic library.

Key Features:

• Extensive coverage of the Companies Act 2016, providing clear and detailed explanations of key areas within this area of law.
• In-depth analyses supported by rich citation of case and statutory authorities.
• Contributors are empanelled from various local and foreign universities as well as legal practice.
• Application of Islamic principles to corporate structures and governance.
• Consideration of related areas to provide holistic appreciation of company law in the real business world.

• Provides broad coverage of consumer protection issues.
• Fills a gap for a dedicated book on consumer protection.
• Frequent reference to the laws of other jurisdictions, particularly New Zealand, the United Kingdom and Australia.
• Relevant for students taking consumer law and commercial law which are popular elective subjects.
• Provides insights into the operation of consumer redress mechanisms.
• Useful in educating the general public on basic consumer rights.
• Covers the related areas of housing, electronic commerce and competition.

Delivery of Content:

The book is structured into two main parts: Part A (Chapters A1–A6) and Part B (Chapters B1–B6). Part A is available in print, whereas the complete publication, comprising both Part A and Part B, can be accessed via ProView e-book.

Navigating Malaysia's Motor Insurance Law: Comprehensive, Current, Clear

"… this book [is] an excellent treatise on motor insurance law, as it offers a detailed legal analysis of both current procedural and substantive issues regarding motor insurance law in Malaysia."
— From the Foreword by Justice Nallini Pathmanathan, Judge of the Federal Court

Product Information:

This second edition of The Law of Motor Insurance offers a timely and authoritative guide to the current legal frameworks governing motor insurance in Malaysia. It highlights judicial trends, identifies regulatory gaps, and provides recommendations for policy reforms aimed at enhancing protection for insurers, insured parties, and passengers.

Rich with case law analysis, policy critique and reform-oriented insights, this book is indispensable for legal practitioners, insurance professionals, academics, and policymakers seeking to navigate the nuances of motor insurance law in Malaysia.

From the cross-border implications raised in Nippon Fire v Sim Jin Hwee to the definition and scope of "road" under the Road Transport Act 1987, this book tackles crucial legal uncertainties affecting motorists, insurers and third-party claimants alike. It delves into unresolved issues such as liability on private and gated roads, carpooling and gaps in e-hailing coverage, along with compulsory passenger liability. Of key significance are the judicial pronouncements reshaping the legal landscape, including the Federal Court's decisions in Malaysian Motor Insurance Pool v Tirumeniyar and Chen Boon Kwee v Berjaya Sompo Insurance Bhd.

This publication is authored by a practitioner who is no stranger to motor insurance matters, having had more than four decades of experience as a practitioner. His knowledge, experience, and insights shine through in this comprehensive and authoritative reference.

Key Developments Covered in This Edition:

• Practical burdens imposed by section 96(3) of the Road Transport Act in today's digital insurance setting.
• The treatment of lorry attendants and bus conductors post-Saw Poh Wah.
• The challenges of online renewals, backdated cover notes, intervener proceedings and transfer of insurance interest.
• Interplay between policy terms, exclusion clauses and statutory duty in consideration of recent Malaysian and Indian case law.
• Definition and scope of "road" under the Road Transport Act, with implications for claims involving private or gated community roads.
• Issues in modern transport modes such as carpooling and e-hailing, and their insurance coverage shortfalls.
• Impact of recent amendments like the Limitation (Amendment) Act 2018 and obligations under the Financial Services Act 2013 concerning disclosure duties and consumer protections in online insurance marketing.
• Clarification on complex policy interpretations and court rulings including local and foreign case authorities.

Property Law in Malaysia — A Foundational and Forward-Looking Guide

Foreword Excerpt

"I am confident that this book will stand out as a key text for reading and reference for anyone keen on property law in Malaysia … It will be the guiding light to help all who have to navigate the labyrinth of legal provisions and case law where property rights and obligations are concerned."

overview

Property law is far more than a collection of rules governing ownership; it is a vital engine for wealth creation, security, and economic competitiveness. For individuals, secure property rights provide the foundation to build homes and futures. For businesses, they enable investment, development, and growth. For nations, clear and equitable property laws foster stability and global competitiveness.

Clear property law reduces both economic and personal friction, streamlining transactions, minimising disputes, and fostering trust among stakeholders. By providing predictable and fair frameworks, it empowers progress, allowing individuals and organisations to focus on innovation and development rather than navigating legal ambiguities.

What This Book Covers

This book, encompassing topics from the foundational principles of property law to contemporary issues such as abandoned property revivals, ESG considerations in real estate, and sustainable financing, seeks to address this dual need for clarity and progress.

Chapters like Introduction to Property Law, Indefeasibility of Title and Interest, and Leases and Tenancies ground readers in the essentials, while others, such as Legal Framework for Abandoned Property Development Projects, Legal Framework for ESG Regulations for Property, and ESG Financing and Sustainability-linked Loans Case Studies, explore how property law can adapt to modern challenges.

This book is a valuable guide for property law practitioners, developers, financiers, judges, investors, and all stakeholders in the property field.

Key features

• Coverage of contemporary issues pertaining to property ownership and development.
• Insightful commentaries on the practical application of property-related legislation.
• Copious citation and discussion of case law.
• Enlightening analyses of practical issues gleaned from the author's wide experience.
• Carefully-structured content for easy accessibility and readability.
• Case studies that enhance understanding and learning.
• Guest contributions from specialist subject matter experts.

"This book is a tribute to … a visionary jurist, a compassionate humanitarian, and a man whose life reminds us that true justice is forged in principle and action. Within these pages, readers will encounter the intellect, the heart, and the indomitable spirit of a man who redefined what it means to serve the law and, through it, humanity."

— From the Foreword by Tun Richard Malanjum, Former Chief Justice of Malaysia

Description:

A treasure chest of the legal wisdom and flair of an extraordinary judge. Quintessential Gopal Sri Ram is a commemorative publication honouring the judicial legacy of one of Malaysia's most illustrious and accomplished jurists. This volume celebrates the profound influence Justice Gopal Sri Ram had on the development of Malaysian law, through illuminating commentary on an expertly curated selection of landmark judgments across 12 major areas of law.

From constitutional protections to commercial clarity, and from trust law to judicial review, this collection showcases how Justice Gopal Sri Ram's sharp legal mind moulded and applied the law with masterful precision and unwavering commitment to justice. His judgments reflect a deep reverence for the Federal Constitution and a fierce dedication to safeguarding the fundamental liberties of all Malaysians.

Featuring insightful analyses and discussion by seasoned judges, practitioners, and academics, this book offers readers a window into the brilliance of a judge whose reasoning continues to shape legal thought. It stands not only as a tribute, but as a vital reference – an enduring repository of the legal legacy he has left behind.

Quintessential Gopal Sri Ram is an essential addition to the Malaysian legal annals and a fitting celebration of a colossus in the nation's judicial history. It will undoubtedly command pride of place on the bookshelves of every good law collection.

Key features:

• Specially curated content to commemorate the legacy of a judge extraordinaire.
• Insightful commentaries that trace the special contributions of the judgments of Justice Gopal Sri Ram towards the development of Malaysian law.
• A showcase that presents the masterly application of the law to diverse fact scenarios to serve justice to all who came before the court.
• Unparalleled analyses carefully prepared by an esteemed panel of subject experts.
• Beautiful photos rekindling memories of yore.

Author Bio:

Chairperson
Tan Sri Datuk Zainun bt Ali

Members:

• Tan Sri Datuk Nallini Pathmanathan
• Dato' Mary Lim Thiam Suan
• Bharti Seth
• Dato' Edwin Paramjothy a/l Michael Muniandy

This newly updated edition captures significant changes in family law over the past six years, offering legal professionals and advisers a comprehensive, practical, and insightful resource tailored to address today’s complex realities.

Readers will gain in-depth understanding of recent court judgments that are shaping family law in Malaysia, covering critical issues such as jurisdictional limits, law relating to children, citizenship rights, inheritance rights for illegitimate children, and disputes over religious conversion. This publication also examines how shifting family dynamics, diverse family structures, and technological advancements influence legal principles – from spousal maintenance and asset division to custody arrangements and the use of digital evidence in court. Additionally, it explores emerging areas like the impact of the use of reproductive technologies, surrogacy, and the complex legal challenges posed by digital communication.

This book offers readers the most up-to-date legal developments and case analyses, ensuring they stay well-informed. Authored by seasoned legal experts, it also benefits from the distinguished oversight of two eminent judges with deep knowledge of family law, adding exceptional credibility and depth to the content.

To align with international best practices, a new chapter on collaborative law has been introduced. This approach focuses on minimizing conflict and prioritizing the best interests of all parties involved – especially children – in the resolution of family conflicts, further enhancing the publication’s relevance and value.

The Courts of Judicature Act 1964 (Act 91) and the Subordinate Courts Act 1948 (Act 92) form the foundation of Malaysia’s judicial system by defining the structure, jurisdiction, and powers of the superior and subordinate courts respectively. The former clarifies the authority of superior courts, while the latter establishes the subordinate courts and outlines their limited jurisdiction. Understanding these Acts is crucial for lawyers to ensure claims are properly prosecuted at the correct court, preventing cases from being invalidated due to jurisdictional and procedural errors.

This publication, The Annotated Courts of Judicature Act 1964 including The Annotated Subordinate Courts Act 1948, delivers invaluable section-by-section annotations of the Courts of Judicature Act 1964 alongside comprehensive commentary on the Subordinate Courts Act 1948. It offers clear and authoritative insights into the application and interpretation of these statutes.

Authored by a seasoned litigator with extensive expertise in Malaysian civil procedure and appellate practice, the work combines the full text of both Acts with high-quality annotations that are practical, insightful, and reliable. This enables readers to develop a confident and thorough understanding of the statutes’ operation.

Key terms and phrases within each section are meticulously explained through references to relevant local and foreign case law as well as academic literature. The publication also enhances usability by incorporating cross-references linking each provision to related sections, facilitating quick and efficient navigation.

The second edition includes thoroughly updated and current content, featuring numerous new case laws and the updated Courts of Judicature (Amendment) Act 2022 to ensure comprehensive and up-to-date coverage.

Corporate finance is essential for a company’s long-term success, encompassing the management of its financial resources to maximize shareholder value and ensure financial stability. It involves crucial decisions related to capital allocation, risk management, and financial performance, ultimately guiding the company towards its strategic goals.

This book has been prepared as a reference for stakeholders within the financial industry that delves into corporate finance. It also provides valuable guidance to the management of corporations and businesses on the structuring of financing to drive business growth. Savvy investors can similarly derive benefit from the practical discussions contained in the book.

The regulatory framework administered by Bank Negara Malaysia, Securities Commission Malaysia and Labuan Financial Services Authority has been carefully considered to cover key legislation like the Financial Services Act 2013, the Islamic Financial Services Act 2013 and the Capital Markets and Services Act 2007 as well as the accompanying rules, regulations and guidelines.

Debt financing through bank facilities and instruments and private debt securities such as bonds, sukuk and initial exchange offerings, and equity financing through initial public offering and direct financing (venture capital, crowdfunding and private equity fund), are usefully analysed, supported by illustrative case studies. The law on takeover and merger and acquisition is focused on in one chapter as these are key avenues for business growth where corporate finance can come into play.

Important related matters of insider trading and risk management are critically reviewed to give a complete perspective of the operation of corporate finance. The role of board of directors and shareholder activism as well environmental, social and governance (ESG) considerations in corporate finance are looked at to provide a full appreciation of corporate finance law in practice.

This book is surely one not to be missed by corporate lawyers, finance directors, company directors, in-house counsel, bankers, business owners and informed investors.

Description: Life today is impacted by the cyber sphere in many ways, whether through emails, social media, video conferencing, data transmission, cloud storage, digital finance, or internet searches. Cyber risks and cyber security breaches abound – a global information technology (IT) disruption due to a cyber attack can bring the entire business world to a standstill; scams, hacking, and phishing cause serious losses. In the face of these risks and threats, heightened vigilance, acute awareness, and strong cyber security systems are crucial in protecting all sectors of society. This book delves into Malaysia’s legislative response to increasing digital threats. It provides a clear understanding of the newly enforced Cyber Security Act 2024 (CSA 2024), analyses cyber security governance, and considers the protection of national critical information infrastructures in the cyber security ecosystem. Various frameworks and best practices to manage cyber security incidents are studied. The book further reviews the licensing of cyber security service providers pursuant to the CSA 2024, giving a clear appreciation of how the regulations operate to enhance consumer protection, promote industry standards, and bolster Malaysia’s cyber security ecosystem. This book will be valuable to legal professionals, IT security practitioners, compliance officers, business owners, and students in navigating the complexities of cyber security law.

Author(s) Name: Mahyuddin Daud

Author’s Description: Mahyuddin Daud is an associate professor at the Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia (IIUM). He teaches and researches Cyber Law at IIUM. He holds professional memberships for Inns of Court Malaysia, Malaysian Consumer and Family Economics Association, and Global Internet Governance Academic Network. He is currently the Director of Sports Development Centre, IIUM, and has been appointed as a consultant in government consultation projects. Assoc Prof Dr Mahyuddin regularly presents and publishes research papers at international conferences and academic journals.

Description: This textbook provides practical insights and guidance from an experienced group of intellectual property (IP) law practitioners explaining the law, practice, and procedure of protecting and enforcing IP rights in Malaysia. Edited by an eminent judge and an accomplished IP law practitioner, this book is structured into five principal parts covering Trademarks, Patents, Copyright, Industrial Designs, and Trade Secrets. The expert commentary presents a comprehensive account of the substantive rules that govern these areas of IP law, with the focus being primarily on the Malaysian position. In addition to the thorough survey of local law, references have been made to case law from foreign jurisdictions where uncertainties arise in the local position. This provides a different perspective on possible approaches that may be applicable in addressing the local issues and the strategic planning of IP enforcement action in Malaysia. References to applicable international treaties and conventions ensure that coverage is complete and authoritative. The amendments brought in by the Copyright (Amendment) Act 2022 (Act A1645) and the Patents (Amendment) Act 2022 (Act A1649) as well as the accompanying new subsidiary legislation have been carefully considered. This reference guide is one not to be missed by IP law practitioners, trademark and patent agents, in-house counsel, business owners, and anyone interested in Malaysian IP law.

Land Law in Malaysia: Questions and Answers is a comprehensive, reader-friendly book that answers your legal questions on Malaysian land matters.

“This book offers a clear and practical approach to understanding the complexities of Malaysian land law.” - From the Foreword by Tun Richard Malanjum, Former Chief Justice of Malaysia

Land Law in Malaysia: Questions and Answers simplifies complex legal concepts through a clear and concise question-and-answer format. Covering key topics like land ownership, land dealings, subdivision, and forfeiture, it includes practical examples and relevant legal provisions to enhance understanding. It is an invaluable resource for students, legal practitioners, and anyone seeking a better grasp of Malaysian land law, with a particular focus on Peninsular Malaysia. This book covers various aspects of land law in Malaysia, starting with the historical background and the implementation of the Torrens system. It explores fundamental concepts such as the definition of land, fixtures, and chattels, as well as the rights and powers of state authorities in land matters. This book should be a thorough resource for understanding the legal framework surrounding land ownership, management, and transactions in Malaysia, intended for legal professionals, students, or those involved in real estate and property matters in the country.

Key Features:

• Simplifies complex legal concepts through a clear and concise Q&A format.
• Covers important topics like subdivision, partition, and amalgamation of land, as well as concepts like easements and the Land Administrator’s Right of Way (LAROW).
• Addresses all key legal principles such as indefeasibility of title and restraints on land dealings.
• Comprehensively covers all aspects on Malaysian land law, from historical to modern principles and practices.

Table of Contents:

• Historical Background Of Land Law And Torrens System In Malaysia
• Definitions Of Land, Law Of Fixtures And Chattels
• Rights And Powers Of The State Authority
• Modes Of Disposal Of Land By State Authority Other Than Alienation
• Alienation Of State Lands - Surface And Underground
• Paramount And Subsidiary Rights Of Registered Proprietor
• Responsibilities Of Registered Proprietor (Annual Rent, Conditions And Restriction In Interest)
• Processes Of Forfeiture By The State Authority
• Rights Of Registered Proprietor – Dealings
• Subdivision, Partition And Amalgamation
• Easements
• Land Administrator’s Right Of Way (LAROW)
• Indefeasibility Of Title
• Restraints On Land Dealings
• Registration Process Of Land Dealings

Author Description:

Azni Mohd Dian is a senior lecturer at the Faculty of Law, Universiti Teknologi MARA (UiTM). She practised law for 10 years before transitioning to academia. Azni has published articles on land, environmental, and heritage matters, including co-authoring Malaysian Legal System: Questions and Answers, published by Thomson Reuters in 2019.

About the Book

This illuminating local text on the law of equity and trusts is an invaluable resource to understand the applicable law as it applies in Malaysia. It provides clear appreciation of trusts, trusteeship and remedies. It explains the general principles of the current law and, where appropriate, makes critical analysis of the position of the law.

This new edition contains extended treatment on several topics, including fiduciary duties, benevolent construction of express trusts, remedial constructive trusts, mental element for recipient liability under constructive trusts, illegality and resulting trusts, validity of exclusion clauses for breach of trust or fiduciary duties, protection of confidential information, as well as joint venture constructive trusts.

SIGNIFICANT NEW CASES CONSIDERED

• Perbadanan Kemajuan Pertanian Selangor v JW Properties (circumstances giving rise to constructive trusts)
• Kamil Azman bin Abdul Razak v Amanah Raya (the essentials of private express trusts)
• Abdul Ravuff bin Datuk AS Dawood v Dr Abdul Rahman bin Datuk AS Dawood (constitution of express trusts)
• Wolverhampton City Council v London Gypsies and Travellers (injunction against unidentifiable persons)
• AIB Group (UK) Plc v Mark Redler & Co (equitable compensation)
• Pitt v Holt (mistaken distribution of trust assets)
• Byers v Saudi National Bank (limits to tracing rights; mental element for recipient liability under constructive trust)
• Patel v Mirza (illegality and resulting trusts)
• Ivey v Genting Casinos (UK) Ltd (mental element for accessory liability under constructive trust)
• FHR European Ventures LLP v Cedar Capital Partners LLC (bribes and constructive trust)
• Federal Republic of Brazil v Durant International Corporation (backtracing of money corruptly received)
• Ancient Order of Foresters in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society (account of profit)

Key features

• Written in a succinct, clear and easy-to-read style
• Besides local cases, decisions from England, Australia, Canada, Singapore and New Zealand have been regularly cited and discussed
• Detailed survey of case law development
• Provides critical analysis of the position of the law and where relevant, suggests the way forward for Malaysian law including the policy considerations which may determine such direction