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
Latent Damage: Section 6A of the Limitation Act 1953
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
CIPAA : Terminated Contract and Final Payment – Martego Sdn Bhd v Arkitek Meor & Chew Sdn Bhd and Another Appeal [2019] 1 LNS 1067
20th August 2019 Issues Since leave was given to Martego Sdn Bhd on 02.01.2018 to appeal against the majority decision in the Court of Appeal case
LAD: Common Sense Approach and Proportionality – MS Elevators Engineering Sdn Bhd v Jasmurni Construction Sdn Bhd W-02(C)(W)-627-03/2018
28th July 2019 Issues Construction contracts usually contain a clause imposing liquidated ascertained damages (“LAD”) if the contractor fails to complete its works within the
Dismissal of Winding Up Petition When There is An Arbitration Agreement? – Awangsa Bina Sdn Bhd v Mayland Avenue Sdn Bhd [Case No. WA-28NCC-1146-12/2018]
When the underlying agreement contains an arbitration clause, the test applicable to defeat a winding-up petition and/or to restrain the presentation of a winding-up petition is different and one is merely required to show that there is a prima facie dispute of debt…