The Ordinance establishes a body corporate known as the Sarawak Sovereign Wealth Future Fund Board, which acts as the custodian of a State fund designed to safeguard and invest monies for the sustainable growth of Sarawak’s wealth and for the benefit of future generations. The Fund is primarily financed through Initial and Annual Appropriations from the State Consolidated Fund, as authorized by resolutions of the Dewan Undangan Negeri. It is divided into two distinct parts: t

The Ordinance establishes the Sarawak Ombudsman as an independent body to ensure proper administration and combat maladministration within public service agencies. The Ombudsman consists of a Chief Ombudsman, a Deputy Chief Ombudsman, and three to five other members appointed by the Yang di-Pertua Negeri based on their expertise in fields like law, accountancy, or public administration. Its core functions include receiving and investigating complaints regarding inefficient or

The Ordinance creates the Sarawak Craft Council as the central authority for regulating and developing the state’s craft industry. The Council is composed of a Chairman, a Deputy Chairman, and five to nine members appointed for their knowledge and experience in craft development. Its primary functions are to promote traditional cultural expression, stimulate growth of the craft industry, and assist craftsmen in adopting modern production, marketing, and digital technologies.

The Ordinance aims to protect Sarawak’s environment by regulating greenhouse gas (GHG) emissions and transitioning toward net zero carbon emissions by 2050. It primarily applies to ‘scheduled economic sectors’, specifically the Oil and Gas and Energy sectors. Business entities within these sectors are required to register and submit annual Carbon Emission Reports based on international standards. If an entity’s emissions exceed a determined carbon emission threshold, it must

This Ordinance is an extensive legislative framework intended to promote a circular economy and ensure the efficient management of sustainable resources and waste in Sarawak. This Ordinance establishes the Sustainable Resources and Wastes Management Authority, a body corporate with broad powers to regulate the segregation, collection, and treatment of resources. The Ordinance mandates that anyone producing or holding waste must segregate it according to regulations and requir

Enacted to formally dissolve the Infrastructure Development Trust Fund (Fund) and repeal the Infrastructure Development Trust Fund Ordinance, 1985 [Ord. No. 4/85] that established it. Under this Ordinance, all moneys remaining in the Fund are to be transferred into the State’s Consolidated Fund at the direction of the State Financial Secretary. Before the final dissolution, any outstanding management and administration expenses of the Fund are to be settled using the existing

Repealing the previous Dewan Undangan Negeri (Composition of Membership) Ordinance, 2014, this Ordinance makes fresh provisions regarding the size of the Sarawak State Legislative Assembly (Dewan Undangan Negeri). Recognizing a need to increase the number of elected members of the Dewan Undangan Negeri, the Ordinance raises the count of elected members from 82 to 99. DISCLAIMER: THE CONTENTS HEREIN ARE INTENDED FOR GENERAL INFORMATION ONLY AND NOT TO BE CONSTRUED AS LEGAL ADV

CTOS DATA SYSTEM SDN BHD V SURIATI MOHD YUSOF [2024] 9 CLJ 839 [Court of Appeal] Brief facts This case involved an internet service provider, Webe Digitial Sdn Bhd (‘Webe’) with its customer, the Plaintiff - Suriati Mohd Yusof (‘Suraiti’). On 16th April 2009, Suriati signed up a standard internet service package offered by Webe. Subsequently, Suriati requested to upgrade her internet plan with an increased monthly charge. However, Suriati had defaulted in the payment of charg

This Act, which has received Royal Assent on 6 May 2025, will be enforced once all 10 regulatory guidelines developed by the Malaysian Communications and Multimedia Commission (MCMC) are finalised. It aims to enhance online safety by addressing the spread of harmful content, fraud, and threats to public order. Key aspects include regulating social media and internet messaging services, requiring platforms to ensure safety, protect children under 13, and restrict access to har

KETUA PENGARAH HASIL DALAM NEGERI MALAYSIA v. EHSAN ARMADA SDN BHD [2024] 3 CLJ 428 [Court of Appeal] Brief facts This case addresses a tax dispute involving the deductibility of an exemption sum of RM6,226,981 paid by the respondent, Ehsan Armada Sdn Bhd (‘the developer’) a property developer, to Lembaga Perumahan dan Hartanah Selangor (‘LPHS’). This was in relation to Majlis Mesyuarat Kerajaan Negeri’s (‘the State’) decision to alienate 84 acres of land (‘the project land’)

TANG AH LIK & ORS v. TAN AH BA [2025] 3 CLJ 362 (Court of Appeal) Case Digest : [1] A trustee or an executor of a will is under a duty to distribute the estate to the beneficiaries in accordance with the wishes of the testator. [2] An agreement, made by the testator subsequent to the making of the will, which purported to change the provisions of the will, must be proven to have been intended by the testator. Hence, the court ought to critically test all evidence, including o

ZEN ESTATES SDN BHD v. BADAN PENGURUSAN BERSAMA SUBANG PARKHOMES [2025] 5 CLJ 872 (Court of Appeal) Case Digest : The developer has a bounden duty to ensure that the requisite maintenance fees and sinking fund charges are billed and collected. It cannot be the intention of the law that a developer can, at its own whims and fancies, omit and write off any portion of the maintenance fees and sinking fund charges. Such an arbitrary discretion directly transgresses and is ultra v

KETUA PENGARAH HASIL DALAM NEGERI v. KIND ACTION (M) SDN BHD [2025] 4 CLJ 501 (Federal Court) Case Digest : [1] The Inland Revenue Board (IRB), under the Real Property Gains Tax Act 1976 (“RPGT Act”), ought to consider the contents of the taxpayer’s returns in order to decide whether to accept it or make adjustments, and thereafter, raise the assessment. Once the assessment is raised and assessed with the issuance of the certificate of clearance, in the absence of any appeal

The Legal Profession (Amendment) Act 2025, which amends the Legal Profession Act 1976, came into operation on 9 May 2025. One of the key changes is allowing law firms to be set up as Limited Liability Law Partnerships (in addition to the existing sole-proprietorship and partnership structures). “Limited Liability Partnership” means a limited liability partnership registered under the Limited Liability Partnerships Act 2012. Advocates and solicitors who wish to form a limited

TRIPLE ZEST TRADING & SUPPLIERS & ORS v. APPLIED BUSINESS TECHNOLOGIES SDN BHD [2023] 10 CLJ 187 [ Federal Court] Brief facts The first appellant, Triple Zest Trading & Suppliers (‘TZ’), had sought a loan (‘loan agreement’) from the respondent, Applied Business Technologies Sdn Bhd (‘ABT’), who agreed to a loan amount of RM800,000 (‘principal loan sum’) to be repaid with another RM800,000 as consideration (‘agreed profit’). ABT was in the business of general trading, and had

This Act, with Royal Assent granted on 9 July 2025, provides for the establishment of the Parliamentary Service and the Parliamentary Service Council, administration of the Parliamentary Service and other related matters. It paves the way for Parliament to operate as an independent entity and to restore the autonomy of the Malaysian Parliament, strengthened the country’s democracy and reinforced the principle of separation of powers. The implementation of this Act will allow

JASNI YEOP & ORS v. SAND STONE SOIL SDN BHD & ANOTHER APPEAL [2025] 1 CLJ 727 (Court of Appeal) Case Digest : The unlawful conduct of a partner may render the partnership firm vicariously liable if it falls within the scope of the partnership's business. The lack of knowledge of other partners of such unlawful conduct by one partner does not absolve the firm from vicarious liability. DISCLAIMER: THE CONTENTS HEREIN ARE INTENDED FOR GENERAL INFORMATION ONLY AND NOT TO BE CONST

Effective 1 May 2025, the Sarawak Labour Ordinance (Amendment) Act 2025 introduces sweeping reforms aimed at aligning Sarawak’s labour framework with the Employment Act 1955 applicable in Peninsular Malaysia. These changes represent a critical shift towards national uniformity in employment standards and bolster protections for the Sarawakian workforce. Area Amendment Summary Employee Coverage Removes previous salary cap; protections now apply to all employees, regardless of

MAJLIS PERBANDARAN SELAYANG v. SURESH SUBRAMANIAM [2025] 4 CLJ 667 (Federal Court) Case Digest : [1] The duty of care beholden upon a solicitor is not contingent upon him being paid for his services by the client. Therefore, even if such a service is given pro bono, that duty remains, and a breach thereof would render the solicitor liable. The solicitor must, at all material times, exercise reasonable skill and care in securing and preserving the client's interest. [2] The sa

Chin Kim Phin v. Director of Lands & Surveys, Sabah & Anor [2020] 7 AMR 271 [High Court] Brief facts The plaintiff, Chin Kim Phin (‘CKP’) was the registered owner of a parcel of land which he acquired in 1963 and which was subsequently subdivided into three (3) subdivided lots in 1974 with the same leasehold tenure as that of the original parcel i.e. 999 years from October 13, 1920 to October 12, 2919. In 2002, the said three parcels were amalgamated with six other parcels of