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  • Article

    Recognition Of Peer-to-Peer (P2P) Financing By The Court

    In the case of Pyo Travel (MY) Sdn Bhd & Anor v Modalku Ventures Sdn Bhd [2020] MLJU 575, the Malaysian High Court affirmed the Sessions Court's decisions in granting summary judgment...
    MalaysiaFinance and Banking
    SKRINE
    SKRINE
  • Article

    Contract - Whether There Was Contract Of Sale & Privity Of Contract Between Car Purchaser And Car Seller

    The appellant ("Ong") bought a car from the 1st respondent ("Toyota") for RM151,706.45.
    MalaysiaCorporate/Commercial Law
    Jayadeep Hari & Jamil
    Jayadeep Hari & Jamil
Article

Property - Whether Management Corporation Has The Locus Standi To Institute An Action In Defamation Under The Stata Titles Act 1985

The appellants comprised of Amber Court Condominium's management corporation ("the MC") and 5 of its council members.
MalaysiaReal Estate and Construction
Jayadeep Hari & Jamil
Jayadeep Hari & Jamil
  • Article

    Case Study: Joint Management Bodies (JMBs) And Management Corporations (MCs) Can Only Charge A Single Rate Of Maintenance Charges

    Menara Rajawali is a mixed development comprising 208 residential, retail and car park parcels. Our client Muhamad Nazri bin Muhamad was an individual parcel owner.
    MalaysiaCorporate/Commercial Law
    MahWengKwai & Associates
    MahWengKwai & Associates
  • Article

    Dissatisfied With Stamp Duty Assessments – What's Next?

    Here's a common situation – parties to a transaction submitted the relevant instrument for adjudication to the Stamp Duty Office of the Inland Revenue Board of Malaysia only to be taken by surprise when the instrument was assessed.
    MalaysiaFinance and Banking
    Azmi & Associates
    Azmi & Associates
  • Article

    Substance Over Form: An Analysis Of The Federal Court Decision In Maple Amalgamated Sdn Bhd & Anor v Bank Pertanian Malaysia Berhad

    Modern Islamic finance has seen a significant increase in utilisation since its inception in the 1960s, and its continuing development demands that the legal framework within which Islamic finance...
    MalaysiaFinance and Banking
    Azmi & Associates
    Azmi & Associates
  • Article

    Malaysian Court Reconfirms That Tribunals Take Priority Over Courts When Granting Interim Relief

    The Malaysian High Court has reconfirmed that if the same interim relief can be granted by an arbitral tribunal and the courts, a party should first apply to the tribunal.
    MalaysiaLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Case Update: Homebuyer Claims Tribunal Can Hear Split Claims For Distinct Matters

    Facts Remeggious Krishnan (the ‘Appellant') agreed to purchase a property unit from SKS Southern Sdn Bhd (the ‘Respondent'), who was the developer of a residential project in Johor Bharu.
    MalaysiaReal Estate and Construction
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    Executing Ship Arrests In Malaysia

    Ship arrest is a unique and powerful feature in admiralty practice, whereby claimants can arrest a ship before judgment is obtained in a suit as a security for the claimant's claim.
    MalaysiaTransport
    Azmi & Associates
    Azmi & Associates
  • Article

    How To Amend A Signed Contract In Malaysia?

    Contracts serve as the cornerstone of business transactions and establish the rights and responsibilities of all parties involved.
    MalaysiaCorporate/Commercial Law
    Lee & Poh
    Lee & Poh
  • Article

    Leave Of Court Required For Post-winding-up Matters Involving Value Of Less Than RM250,000.00

    In CNLT (Far East) Berhad (In Liquidation) v Maybank Investment Bank Berhad & Anor, the Court of Appeal struck out a Notice of Appeal filed by the Liquidators of CNLT (Far East) Berhad on the ground that no prior leave of Court ...
    MalaysiaLitigation, Mediation & Arbitration
    Lee Hishammuddin Allen & Gledhill
    Lee Hishammuddin Allen & Gledhill
  • Article

    Case Spotlight: Timeline For Adjudication Is Based On Location Of The Project Site

    Adjudication under the Construction Industry Payment and Adjudication Act 2012 has strict timelines to be complied with and that is the one main purposes of this dispute resolution mechanism–speed.
    MalaysiaReal Estate and Construction
    Donovan & Ho
    Donovan & Ho
  • Article

    The "Spartacus Order" – The Continuing Saga Of The Persons Unknown Case

    Since the first decision was issued, the web of potential defendants has grown wider.
    MalaysiaLitigation, Mediation & Arbitration
    SKRINE
    SKRINE
  • Article

    High Court: Bitcoins Fall Within Section 73 Of Contracts Act

    Section 73 of the CA states that "a person to whom money has been paid, or anything delivered, by mistake or under coercion, must repay or return it".
    MalaysiaTechnology
    SKRINE
    SKRINE
  • Article

    Judicial Review Proceedings Cannot Be Used As A Cloak For What Is In Essence An Appeal.

    The Appellant was first employed as Messenger/Driver of the Bank in 1988. The Appellant was then promoted in 1994 to Clerk/Typist/Cashier and was assigned with duties such as Savings Accounts, Current Accounts and Clearing duties.
    MalaysiaLitigation, Mediation & Arbitration
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    Representative Action Against Professional Trustee Company Struck Out

    On 22nd December 2022, the High Court struck out a class action suit seeking more than RM300 million against our client, a professional trustee company. Our Christopher Foo and Harish Nair acted for the client.
    MalaysiaCorporate/Commercial Law
    Juen, Jeat, Nic & Nair
    Juen, Jeat, Nic & Nair
  • Article

    Court Of Appeal Refuses Leave To Appeal On Questions Seeking To Limit The Scope Of The Statutory Bar Against Double Claims Under The SOCSO Act

    On 12 August 2021, the Court of Appeal in Rohaidi bin Ismail v Kaneka (Malaysia) Sdn Bhd dismissed the Applicant's motion for leave to appeal.
    MalaysiaLitigation, Mediation & Arbitration
    SKRINE
    SKRINE
  • Article

    Beware The Potential Pitfall When Dealing With A Sub-Delegate Of Trustees

    The recent decision by the Court of Appeal in Manuan a/l K Marappan & Anor v Sinwufu Enterprise Sdn Bhd (Mashudan bin Kamar, Bustani bin Nador & Khairil bin Sulaiman...
    MalaysiaLitigation, Mediation & Arbitration
    SKRINE
    SKRINE
  • Article

    Beyond Statutory Enforcement: Malaysia's Apex Court Dismisses A Common Law Action For Enforcement Of Foreign Judgment Due To Failure To Adduce The Foreign Judgment

    There is a simple, but fundamental, difference between a statutory enforcement under Reciprocal Enforcement of Judgments Act 1958 ("REJA") and a common law action.
    MalaysiaLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Court Of Appeal Held That The Director General Of Insolvency Cannot Grant A ‘Nunc Pro Tunc' Sanction And Struck Out A Bankrupt's Claim Of RM22 Million Against The Bank

    On 18 January 2021, the Court of Appeal in Md Isa Bujang v CIMB Bank Berhad dismissed a bankrupt's appeal against a High Court decision that struck out his claim for, inter alia...
    MalaysiaLitigation, Mediation & Arbitration
    SKRINE
    SKRINE
  • Showing 41–60 of 181 results

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