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Rachel Tey

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Rachel Tey is a senior associate in the Dispute Resolution Practice Group of Wong & Partners.
In Insolvency

Malaysia: Insolvency (Amendment) Bill 2023

by and 3 Mins Read

In brief The Insolvency (Amendment) Bill 2023 (“Amendment”) was passed in the Dewan Rakyat on 24 May 2023. The Amendment seeks to provide for a more effective bankruptcy administration system which is in line with the Government’s intention to preserve the welfare of bankrupt individuals. The Insolvency Act 1967 (“Act”) was last amended on 1 September 2021 vide the Insolvency (Amendment) Act 2020. Key takeaways The critical suggested amendments to the Act are as follows:…

In Asia Pacific

Absolute Exclusion of Liability Clauses – A Thing of the Past!

by and 3 Mins Read

Introduction The law has always recognized the laissez-faire principle of the freedom of contract and as such, Malaysian Courts have been willing to uphold exclusion clauses when such clauses are clearly drafted. In the recent landmark decision of CIMB Bank Bhd v Anthony Lawrence Bourke & Anor [2019] 2 MLJ 1, the Malaysian Federal Court held that where such exclusion clauses are drafted in a manner which effectively limits a party from enforcing their rights…