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  • Article

    Strata Management During The Recovery Movement Control Order (RMCO)

    On 7 June 2020, the Government announced that the CMCO will be replaced with the Recovery Conditional Movement Control Order from 10 June 2020 to 31 August 2020.
    MalaysiaCompliance
    MahWengKwai & Associates
    MahWengKwai & Associates
  • Article

    FAQ On Liquidated Damages For Late Delivery Of Properties By Developer

    The sale and purchase agreement is the primary definitive document which governs the rights and obligations of developers and purchasers of properties.
    MalaysiaReal Estate and Construction
    MahWengKwai & Associates
    MahWengKwai & Associates
  • Article

    Case Update: No Party Ought To Be Allowed To Stake A Case Or Defence Based On Its Own Default

    Facts Teoh Kok Seong (the ‘Appellant') had purchased a double-storey house from the Heesland Sdn Bhd (the ‘1st Respondent').
    MalaysiaLitigation, Mediation & Arbitration
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    [Dispute Resolution] Special Alert: Court Of Appeal Clarifies Jurisdiction Of Housing Tribunal And Limitation Period Under Section 16n(2) Of The HDA

    Lakefront Residence Sdn Bhd v Tribunal Tuntutan Pembeli Rumah & Anor (and 3 Other Appeals) [2023] MLJU 2352...
    MalaysiaLitigation, Mediation & Arbitration
    Lee Hishammuddin Allen & Gledhill
    Lee Hishammuddin Allen & Gledhill
  • Article

    Analysis Of Section 6A Of The Limitation Act

    The Limitation Act 1953 provides the limitation period of 6 years where a plaintiff is allowed to enforce its rights against any contractual or tortious claim.
    MalaysiaReal Estate and Construction
    Bodipalar Ponnudurai De Silva
    Bodipalar Ponnudurai De Silva
  • Article

    Managing Legal Risk In Sales-and-Leaseback Of Facilities Arrangement

    One of the ways for a company to unlock funds, increase profits and enhance cash flow by freeing capital is through a "sales-and-leaseback" arrangement.
    MalaysiaReal Estate and Construction
    Azmi & Associates
    Azmi & Associates
  • Article

    Federal Court Decides To Keep Split Claims Within Jurisdiction Of Tribunal For Homebuyers Claims

    One of the questions before the Federal Court in Remeggious Krishnan v SKS Southern Sdn Bhd (1) was whether a "split claim" could be filed by a homebuyer with the tribunal for homebuyers claims...
    MalaysiaLitigation, Mediation & Arbitration
    Gan Partnership
    Gan Partnership
  • Article

    New Development To The Strata Titles Act 1985

    STA 1985 has been amended a few times over the years since its enactment as a result of criticisms and complaints voiced against its inadequacy and obsolete application.
    MalaysiaReal Estate and Construction
    Tay & Partners
    Tay & Partners
  • Article

    Property - Whether A Joint Management Body ("JMB") Can Be Formed After And/Or Co-Exist With An Existing Management Corporation ("MC")

    The 1st respondent ("Muafakat Kekal") was the developer of the residential condominium development known as Palm Spring Condominium @ Damansara ("the Condominium").
    MalaysiaReal Estate and Construction
    Jayadeep Hari & Jamil
    Jayadeep Hari & Jamil
  • Article

    When Can You Take A Property Developer To Court In Malaysia?

    Our partner, John Chan, was recently interviewed by iProperty.com.my for the article titled "When can you take a property developer to court in Malaysia?"
    MalaysiaReal Estate and Construction
    MahWengKwai & Associates
    MahWengKwai & Associates
  • Article

    Who Owns The Surplus Parking Spots On A Development?

    With the rise in land and property prices, many have chosen to live in condominiums where there are common properties and facilities shared between the residents, such as swimming pools...
    MalaysiaReal Estate and Construction
    Gan Partnership
    Gan Partnership
  • Article

    Contract - Whether SPA Only Obliged Developer To Deliver Vacant Possession And Not To Give 'Right Of Occupation' To Buyer Within 24 Months

    The 1st respondent ("Christopher") entered into a sale and purchase agreement ("SPA") with the applicant ("BODCO") to buy a building constructed by BODCO.
    MalaysiaCorporate/Commercial Law
    Jayadeep Hari & Jamil
    Jayadeep Hari & Jamil
  • Article

    How Management Bodies Can Recover Outstanding Maintenance Charges

    Management Bodies may prepare a defaulters' list showing the names of the defaulting proprietors, their respective parcels and their outstanding amount.
    MalaysiaReal Estate and Construction
    MahWengKwai & Associates
    MahWengKwai & Associates
  • Article

    Liquidated Damages – Second Bite Of The Cherry?

    It is not always the case that purchasers can claim for liquidated damages against developers if the latter fail to deliver vacant possession. Our Tan Min Lee and Tan Lay Keng discuss this further...
    MalaysiaReal Estate and Construction
    Gan Partnership
    Gan Partnership
  • Article

    Legal Perspective: Essential Factors For Foreign Investors To Consider Prior To Purchasing Or Leasing Land In Malaysia In 2024

    This article provides information on the foreign purchase or leasing of commercial properties, industrial properties or agricultural land in Malaysia.
    MalaysiaGovernment, Public Sector
    Azmi & Associates
    Azmi & Associates
  • Article

    The Curious Case Of The Double Sale: Reconciling The BBA Transaction With Section 214A Of The National Land Code

    In the recent case of Maple Amalgamated Sdn Bhd & Anor v Bank Pertanian Malaysia Bhd [2021] MLJU 1245, the Federal Court had to consider the following leave question...
    MalaysiaLitigation, Mediation & Arbitration
    SKRINE
    SKRINE
  • Article

    Does A Management Corporation Have A Right To Bring An Action Against A Developer?

    In the case of Dua Residency Management Corporation v Edisi Utama Sdn Bhd and E&O Customer Services Sdn Bhd, an action was brought by Dua Residency Management Corporation...
    MalaysiaReal Estate and Construction
    Bodipalar Ponnudurai De Silva
    Bodipalar Ponnudurai De Silva
  • Article

    Stamp Duty & Real Property Gains Tax Regime 2022 In Malaysia

    Real Property Gains Tax (RPGT) is a form of taxation on the profits made from disposing of a real property. In Malaysia, it is administered by the Inland Revenue Board. The RPGT rate depends on
    MalaysiaReal Estate and Construction
    VikneshYap
    VikneshYap
  • Article

    Covid-19 Act (A Summary) (Part I)

    On 16.10.2020, the Malaysian "Covid-19 Act" received Royal Assent and became law. This new Act was an effort by the Malaysian government to put in place temporary measures to reduce the overreaching impact of the Covid-19 pandemic.
    MalaysiaCoronavirus (COVID-19)
    CK Law
    CK Law
  • Article

    Pocket Guide: Transaction Planning For The New Year - Real Estate Transactions

    This article is intended to provide a quick overview of real estate transactions and facilitate transaction planning for businesses intending to undertake acquisition of industrial property in Malaysia.
    MalaysiaReal Estate and Construction
    Shin Associates
    Shin Associates

Showing 21–40 of 69 results

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