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  • Article

    Court Of Appeal Upholds Pre-CIPAA "Pay When Paid" Clause

    Shannon Rajan highlights the recent Court of Appeal's decision on "pay when paid clauses".
    MalaysiaReal Estate and Construction
    SKRINE
    SKRINE
  • 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

No More Wheel Clamping In Malaysia?

Think about how you might feel if you approached your car and notice the front wheel was clamped. It is certain that it is NOT, entertaining and amusing.
MalaysiaTransport
CK Law
CK Law
  • Article

    Refusal Of Recusal: High Court Reaffirms High Threshold For Recusal Applications

    On 5 November 2020, the plaintiff commenced a civil suit and applied ex-parte for various injunctive reliefs against the defendants in the nature of Anton Pillar and Mareva orders.
    MalaysiaLitigation, Mediation & Arbitration
    SKRINE
    SKRINE
  • Article

    Steps To Consider Before And After Legal Proceedings

    Money is the lifeblood of modern society and the assets that we accumulate by spending money can be seen as metaphorical organs.
    MalaysiaLitigation, Mediation & Arbitration
    One Asia Lawyers
    One Asia Lawyers
  • Article

    Construing Conditional Payment Terms Beyond Pay-When-Paid Clauses Under The Construction Industry Payment And Adjudication Act

    The Court of Appeal in IRDK Venture Sdn Bhd v Econpile (M) Sdn Bhd [2020] 5 AMR 865 and Lee Swee Seng J (as he then was) at the High Court in Econpile (M) Sdn Bhd v IRDK Ventures Sdn Bhd and another case ...
    MalaysiaReal Estate and Construction
    SKRINE
    SKRINE
  • Article

    Division Of Matrimonial Assets

    The issue of how to divide property following the breakdown of a marriage is a vexed one which has spawned many a battle amongst estranged couples.
    MalaysiaFamily and Matrimonial
    SKRINE
    SKRINE
  • Article

    Recoverability Of Liquidated Ascertained Damages

    Liquidated ascertained damages or "LAD" are pre-agreed damages between parties in the event of a breach of contract. It is meant to compensate the innocent party for losses against...
    MalaysiaCorporate/Commercial Law
    Azmi & Associates
    Azmi & Associates
  • Article

    Case Commentary: Su Hock Guan v AXA Affin General Insurance Malaysia Berhad

    The High Court in SU HOCK GUAN V AXA AFFIN GENERAL INSURANCE MALAYSIA BERHAD [2021] 1 AMR 205 held that the cause of action against an insurer under an indemnity insurance accrues...
    MalaysiaInsurance
    SKRINE
    SKRINE
  • Article

    Employment - Whether Proven Misconduct By Employee Deserved Punishment Of Dismissal

    The appellant ("Mashkon") was formerly an employee of the respondent ("the Company").
    MalaysiaEmployment and HR
    Jayadeep Hari & Jamil
    Jayadeep Hari & Jamil
  • Article

    Court Of Appeal Allowed Maybank Islamic Berhad's Appeals For Summary Judgment Of RM 45 Mil And Struck Out Counterclaim Of RM 95 Mil In Relation To A Murabahah Financing Transaction

    Maybank granted an Islamic Murabahah financing facility of RM 50 million to Golden Base Construction Sdn Bhd for the construction of a highway.
    MalaysiaLitigation, Mediation & Arbitration
    SKRINE
    SKRINE
  • 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

    Contract - Whether Right For Purchasers To Resile From Their Promise Not To Sue And Claim Damages For Late Delivery

    The appellant ("Oxbridge") was a housing developer for a housing project ("the project").
    MalaysiaCorporate/Commercial Law
    Jayadeep Hari & Jamil
    Jayadeep Hari & Jamil
  • Article

    Oral Promises, Are They Enforceable?

    A contract is a legally binding agreement which governs the rights and duties of each party in the contractual relationship.
    MalaysiaCorporate/Commercial Law
    Kevin Wu & Associates
    Kevin Wu & Associates
  • Article

    Development Since Ang Ming Lee

    Courts are bound by the doctrine of stare decisis and will follow the Federal Court's decision in Ang Ming Lee in holding that Reg. 11(3) of HDR is ultra vires.
    MalaysiaLitigation, Mediation & Arbitration
    SKRINE
    SKRINE
  • Article

    Vacant Possession: A Developer's Horror Story?

    Based on a true story, Witter Yee recounts the tale of two conflicting Court of Appeal decisions.
    MalaysiaReal Estate and Construction
    SKRINE
    SKRINE
  • Article

    Pardon And Clemency In Malaysia

    The issue of royal pardon has been a hot topic following the recent news of the Pardons Board granting pardon to Dato' Sri Najib Tun Razak, the sixth Prime Minister who was convicted in August 2022...
    MalaysiaGovernment, Public Sector
    Kevin Wu & Associates
    Kevin Wu & Associates
  • Article

    A Double-Barrelled Approach?

    The question posed to the Court of Appeal in Mak Siew Wei is closely linked to the principle of reflective loss.
    MalaysiaCorporate/Commercial Law
    SKRINE
    SKRINE
  • Article

    Case Update: Limitation Act Does Not Apply To A Proof Of Debt That Is Accepted And Not Formally Rejected By A Liquidator

    Facts By a Shareholders'Agreement, UEM Group Berhad formerly known as United Engineers (Malaysia) Berhad (UEM) and Genisys Integrated Engineers Pte Ltd (‘the Appellant') agreed...
    MalaysiaCorporate/Commercial Law
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    Interest In Interest? Application Of Interest Not Regulated Under The Moneylenders Act 1951: Summerhay Development Sdn Bhd v Ivory Ascent Sdn Bhd [08(f)-415-09/2022]

    The Firm acted for a corporate licensed Moneylender in an appeal against the High Court decision in Summerhay Development Sdn Bhd v Ivory Ascent Sdn Bhd (2020 1 LNS 1491 and 2020 MLJU 1549)...
    MalaysiaConsumer Protection
    Shearn Delamore & Co.
    Shearn Delamore & Co.
  • Showing 81–100 of 181 results

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