CIPAA: Injunction to Restrain the Presentation of Winding Up Petition based on CIPAA Adjudication Decision
ASM Development (Kl) Sdn. Bhd v Econpile (M) Sdn Bhd
[Case No. WA-24NCC-363-07/2019]
View PDF 23th March 2020 INTRODUCTION Following the decision in the case of Likas Bay Precinct Sdn Bhd v Bina Puri Sdn Bhd [2019] 3
Movement Control Order : How It Affects You
View PDF 20 March 2020 INTRODUCTION On 16th March 2020, Prime Minister Tan Sri Muhyiddin Yassin announced the Government’s initiative to curb the Covid-19 pandemic
Employment: Effect of COVID 19 & Movement Control Order
View PDF 20th March 2020 INTRODUCTION The Prime Minister of Malaysia has announced a Movement Control Order (“MCO”) from 18.03.2020 to 31.03.2020. Save for “essential
Construction Industry: Effect of COVID-19 & Movement Control Order
View PDF 20th March 2020 Introduction These are unprecedented times. With increasing numbers of patients tested positive for COVID-19 (Corona Virus) nationwide, the Prime Minister
Limitation for Foreclosure Action: CIMB Bank Berhad v Sivadevi A/P Ivalingam [2019] 1 LNS 1904
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
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
INTRODUCTION The housing development in Malaysia is principally governed by the Housing Development (Control & Licensing) Act 1966 (“HDA”). One of the objectives of the
CIPAA Applies Prospectively, Not Retrospectively | (1) Jack-in-Pile (M) Sdn Bhd v Bauer (Malaysia) Sdn Bhd & Another Appeal [02(f)-58-07/2018(B) & 02(f)-59-07/2018(B)] | (2) Ireka Engineering & Construction Sdn Bhd v PWC Corporation Sdn Bhd & Other Appeals [02(f)-124-12/2018(W), 02(f)-125-12/2018(W) & 02(f)-126-12/2018(W)]
Introduction The Construction Industry Payment and Adjudication Act 2012 (“CIPAA”) came into force on 15.04.2014. CIPAA’s objective can be gleaned from its preamble:- “An Act
CIPAA: Direct Payment from Principal when the Losing Party was wound up? – CT Indah Construction Sdn Bhd v BHL Gemilang Sdn Bhd (Civil Appeal No: W-02(C)(A)-2056-10/2017)
03 December 2019 Introduction When a Claimant successfully obtained an Adjudication Decision in its favour, CIPAA offers 3 methods to enforce of the Adjudication Decision,
Condition Precedent : Stay Pending Mediation – Ohpen Operations UK Limited v Invesco Fund Managers Limited [2019] EWHC 2246 (TCC)
04th September 2019 Issues It is not uncommon for dispute resolution clauses to provide for escalation mechanism or mediation as a precursor to full-blown dispute