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Editor’s Note

Dear Readers,

Warmest greetings to you and your family from HHQ & HLP! May this Aidilfitri be filled with an abundance of love, joy, and happiness, as we celebrate the blessings of forgiveness and peace.

Welcome to the April edition of our monthly legal newsletter. As we head into the second quarter of 2023, we are excited to bring you the latest legal news and updates from our firm.

As businesses and investors increasingly recognize the importance of Environmental, Social, and Governance (ESG) issues, we highlight the ESG regulatory expectations from Securities Commission and Bursa Malaysia to provide valuable insights on how organizations can align their operations with ESG principles and comply with regulatory requirements.

Next, we present a case summary on a scenario where an architect can be found liable for conspiracy with a developer for granting extension of time in favour of the developer.

Res Ipsa Loquitur
 which translates to “the fact speaks for itself” can be a helpful tool in establishing negligence. We explain the application of this legal doctrine in the third article.

A company facing a winding-up petition may seek protection through a “Fortuna Injunction“. Here, we provide insights as to how a “Fortuna Injunction” comes into play, should the need arise.

Deed of Mutual Covenant – in this article, we explore in detail, Section 148 of the Strata Management Act 2013 (SMA).

Lastly, we discuss a tax case on the question of whether the commission for bank guarantee facility is tax deductible. It is important that tax payers be aware of what ought to be negotiated with the bank(s) when obtaining a bank guarantee.

We hope you enjoy reading this issue of our newsletter, and please don’t hesitate to reach out if you have any feedback or suggestions for future editions at newsletter@hhq.com.my.

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