Litigation Archives

Limitation for Foreclosure Action: CIMB Bank Berhad v Sivadevi A/P Ivalingam [2019] 1 LNS 1904

Post author:zmm_editor
Post published:21/02/2020
Post category:Litigation
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INTRODUCTION Dwelling assets be it landed properties or high-rise apartments, their sale and purchase, are the most common assets transactions ordinarily involving vendors, purchasers and financiers. The financiers will usually…

Housing Development: The Legality of Extension of Time by Controller and its Legal Impact to Housing Developer – Ang Ming Lee & Ors v Menteri Kesejahteraan Bandar, Perumahan Dan Kerajaan Tempatan & Anor and Other Appeals [2019] 1 LNS 1741; [2019] MLJU 1346

Post author:zmm_editor
Post published:27/12/2019
Post category:Litigation
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INTRODUCTION The housing development in Malaysia is principally governed by the Housing Development (Control & Licensing) Act 1966 (“HDA”). One of the objectives of the HDA is to protect the…

Latent Damage: Section 6A of the Limitation Act 1953

Post author:zmm_editor
Post published:23/08/2019
Post category:Litigation
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23rd August 2019 Parliament passed the Limitation (Amendment) Act 2018 [Act A1566] (“LAA 2018”) on 4th April 2018 to amend the Limitation Act 1953 (“LA 1953”) by, amongst others, insert…

Navigating Through the Maze of Liquidated Ascertained Damages Clause and Forfeiture of Deposit:
Cubic Electronics Sdn Bhd (In Liquidation) V Mars Telecommunication Sdn Bhd Appeal
No. 02(F) – 64 – 09/2016 (W)

Post author:zmm_editor
Post published:07/03/2019
Post category:Construction & Energy Litigation Litigation & Arbitration
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08th March 2019 INTRODUCTION For the longest of time, when there is a breach of contract, the innocent party cannot per se recover the Liquidated Ascertain Damages (“LAD”, also commonly…