COMPETITION LAW
Airasia, MAS win appeal against MyCC fine
On 11 April 2014, the Malaysia Competition Commission ("MyCC") found AirAsia Bhd and Malaysian Airline System Bhd guilty of anti-competitive practices in contravention of Section 4(2)(b) of the Competition Act by reason of their entering into a share-swap agreement in 2011. The airlines were fined RM10 million each. The airlines appealed against MyCC’s ruling. On 4 February 2016, MyCC’s ruling was overturned by the Competition Appeal Tribunal. The grounds of judgment have yet to be handed down.
For further information regarding competition law matters, please contact
Dato' Johari Razak
jorazak@shearndelamore.com
K Shanti Mogan
shanti@shearndelamore.com
DISPUTE RESOLUTION
Charles Koo Ho-Tung & Ors v Koo Lin Shen & Ors [2016] 2 CLJ 267
In dealing with an application for leave to cross-examine the deponents of affidavits filed in an originating summons (“OS”) proceeding, the High Court held that an unreasonable delay that has not been adequately explained in the applicant's affidavit is a ground in itself to dismiss the application. In this case, the application was filed more than 10 months from the date of the OS, and the Court held that the applicants had breached the mandatory duty imposed by Order 34 rule 9(1) and (2) of the Rules of Court 2012 to file expeditiously all interlocutory applications during pre-trial case management.
ISM Sdn Bhd v Queensway Nominees (Tempatan) Sdn Bhd & Ors [2016] 2 CLJ 294
In allowing an application to convert an originating summons to a writ action, the High Court held that the nature of the case on minority oppression, as alleged by the plaintiff, was one where it involved various disputed facts, which meant it was insufficient to merely rely on affidavit evidence alone to come to a determination on the issues arising in the case. Witnesses ought to be called not only to allow for their version of events to be narrated but also for Court to assess the veracity of their oral testimony.
For further information regarding dispute resolution matters, please contact
Datin Jeyanthini Kannaperan
jeyanthini@shearndelamore.com
Robert Lazar
rlazar@shearndelamore.com
TAX LAW
INCOME TAX
- Prosedur Permohonan Surat Penyelesaian Cukai Individu — issued on 12 February 2016
- Tawaran Pengurangan Penalti Dan Penghapusan Kenaikan Cukai — issued on 10 February 2016.
GOODS AND SERVICES TAX (GST)
- Construction Industry (revised as at 2 February 2016)
- Gaming (revised as at 16 February 2016)
- Moneylenders (revised as at 17 February 2016)
- Money Services Business (revised as at 5 February 2016)
- Pawnbroking (revised as at 4 February 2016)
- Petroleum Downstream (revised as at 17 February 2016)
- Property Management: Joint Management Bodies (JMBs) & Management Corporations (MCs) (revised as at 27 January 2016)
- Registration (revised as at 17 February 2016)
- Telecommunication Services (revised as at 19 February 2016)
- Tertiary Education (revised as at 18 February 2016)
- Tourist Refund Scheme (revised as at 3 February 2016))
- Venture Capital (revised as at 27 January 2016)
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