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Message from the Editors

Dear Readers,

November was indeed an eventful month for all Malaysians. The much anticipated 15th general election produced Malaysia’s first ever hung Parliament and it was eventually assuaged by the newly formed unity government with our 10th Prime Minister, Dato’ Seri Anwar Ibrahim at helm. We wish the new Prime Minister and Malaysian government all the success in leading our country toward a prosperous and united future.

Notwithstanding the elections, some of our valued clients were keen on learning more about the tabled Budget 2023 by the then-incumbent government. At our clients’ request, we organised virtual and physical briefings in the areas of tax and real estate to better prepare for the year ahead. We welcome all our clients who wish to empower their team with such initiatives to get in touch with us for more future sessions.

We were honoured to have our partners Lum Man Chan and Low Khye Yen participate in the Andersen Global New Leaders’ Meeting in Miami, Florida. HHQ also sent an envoy of our best all-women leaders to the 35th LAWASIA Conference held in Sydney, Australia where they connected with the best global minds in the industry and gained regional insight on the future of law in Asia.

HLP Founding Partner, Lam Wai Loon had the honour of being a speaker and panellist at the International Construction Claims & ADR Conference (“ICCAC”) 2022, held in Jumeirah Beach Hotel, Dubai.

The first article features a short, but all-important read on committal proceedings, which may draw quasi-criminal implications so that one can avoid landing oneself in hot water, or worse, in prison for contempt of court.

It is crucial to get your pleadings right in an adjudication, as it could turn your winning case against you. Here, we highlight a case where the Court of Appeal overturned the adjudicator’s decision in making an award based on an un-pleaded clause.

Next, a common subject matter in construction disputes – how is liquidated ascertained damages (“LAD”) calculated and when is vacant possession deemed to be delivered? This article features a recent case where HHQ’s dispute resolution partner, Ankit Sanghvi was successful in resisting the legal challenge by the purchaser.

Have you witnessed partnerships that have either turned sour or dissolved due to irreconcilable differences? Tan Lee Weei elaborates on the importance of a properly drafted partnership agreement to ensure well-established partnership frameworks are in place.

Lastly, Desmond Liew highlights a case where the Federal Court confirmed that it has jurisdiction to hear stamp duty appeals, and these appeals are not exhausted at the Court of Appeal.

We hope you will gain valuable insight reading this month’s issue and we welcome your questions and suggestions at newsletter@hhq.com.my. Happy reading, we look forward to empowering you again in next month’s issue, the very last issue for the year!


Editorial Team:.

Chong Lee Hui

Ankit Sanghvi

Serene Hiew Mun Yi

Amy Hiew Kar Yi

Tan  Poh Yee

Hee Sue Ann

Chan Jia Ying

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