ArticleCourt Of Appeal Upholds Pre-CIPAA "Pay When Paid" ClauseShannon Rajan highlights the recent Court of Appeal's decision on "pay when paid clauses".MalaysiaReal Estate and ConstructionSKRINE
ArticleWho 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 ConstructionGan Partnership
ArticleRefusal Of Recusal: High Court Reaffirms High Threshold For Recusal ApplicationsOn 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 & ArbitrationSKRINE
ArticleSteps To Consider Before And After Legal ProceedingsMoney is the lifeblood of modern society and the assets that we accumulate by spending money can be seen as metaphorical organs.MalaysiaLitigation, Mediation & ArbitrationOne Asia Lawyers
ArticleConstruing Conditional Payment Terms Beyond Pay-When-Paid Clauses Under The Construction Industry Payment And Adjudication ActThe 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 ConstructionSKRINE
ArticleDivision Of Matrimonial AssetsThe 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 MatrimonialSKRINE
ArticleRecoverability Of Liquidated Ascertained DamagesLiquidated 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 LawAzmi & Associates
ArticleCase Commentary: Su Hock Guan v AXA Affin General Insurance Malaysia BerhadThe 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...MalaysiaInsuranceSKRINE
ArticleEmployment - Whether Proven Misconduct By Employee Deserved Punishment Of DismissalThe appellant ("Mashkon") was formerly an employee of the respondent ("the Company").MalaysiaEmployment and HRJayadeep Hari & Jamil
ArticleCourt 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 TransactionMaybank granted an Islamic Murabahah financing facility of RM 50 million to Golden Base Construction Sdn Bhd for the construction of a highway. MalaysiaLitigation, Mediation & ArbitrationSKRINE
ArticleThe Curious Case Of The Double Sale: Reconciling The BBA Transaction With Section 214A Of The National Land CodeIn 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 & ArbitrationSKRINE
ArticleContract - Whether Right For Purchasers To Resile From Their Promise Not To Sue And Claim Damages For Late DeliveryThe appellant ("Oxbridge") was a housing developer for a housing project ("the project").MalaysiaCorporate/Commercial LawJayadeep Hari & Jamil
ArticleOral 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 LawKevin Wu & Associates
ArticleDevelopment Since Ang Ming LeeCourts 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 & ArbitrationSKRINE
ArticleVacant 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 ConstructionSKRINE
ArticlePardon And Clemency In MalaysiaThe 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 SectorKevin Wu & Associates
ArticleA 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 LawSKRINE
ArticleCase Update: Limitation Act Does Not Apply To A Proof Of Debt That Is Accepted And Not Formally Rejected By A LiquidatorFacts 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 LawZul Rafique & Partners
ArticleInterest 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 ProtectionShearn Delamore & Co.