Insights
Case Summary on the Interpretation of S.37 of the Arbitration Act 2005
The appellant, Master Mulia, and the respondent, Sigur Rus are parties to a Charter party Agreement (CPA). The appellant hired out its vessel to the respondent for undersea pipelines installation works in the high seas.
Case Commentary – Asm Development (Kl) Sdn Bhd v Econpile (M) Sdn Bhd
This is an application filed by the Plaintiff for an injunction (commonly known as Fortuna injunction) to restrain the Defendant from filing and/or proceeding with a winding-up petition on the basis of non-payment of a statutory demand, which was issued pursuant to an Adjudication Decision.
Case Summary of Sections 37 & 42 of Arbitration Act 2005
By way of letter of appointment dated 18.7.2011, the Respondent appointed the Appellant as its sub-contractor for the construction and completion of vehicular box culverts and drainage works which formed part of the proposed Sungai Buaya Interchange and Toll Plaza contracted out to the Respondent.
The Impact of Covid-19 on Employment in Malaysia
On 16.3.2020, the Government of Malaysia announced their decision to implement the Movement Control Order (“MCO”) effective from 18.3.2020 to address the Covid-19 outbreak in Malaysia.
Covid-19 Movement Control Order – Reliefs to Companies (CCM)
In light of the outbreak of Covid-19 and the Movement Control Order in Malaysia, the Companies Commission of Malaysia (CCM) has introduced some measures to aid companies. This article sets out briefly the reliefs introduced by CCM, as well as some actions that may be considered by companies to address insolvency concerns.
Case Commentary – Rohasassets Sdn Bhd v Weatherford (M) Sdn Bhd & Anor
In the recent court case of Rohasassets Sdn Bhd v Weatherford (M) Sdn Bhd & Anor [2020] 1 CLJ 638, the Federal Court had the occasion to consider section 28(4)(a) of the CLA, and in particular the question of whether there is a requirement on the landlord to prove wilful and contumacious conduct on the part of the tenant holding over to render the tenant liable to pay double rent.
Case Commentary – Mohd Kamal v United Overseas Bank & Other Appeals
The Federal Court in the case of Mohd Kamal bin Omar v United Overseas Bank (M) Bhd and Other Appeals [2018] MLJU 600 had the occasion to consider an interesting issue of whether the making of an order on a judgment debtor summons pursuant to the Debtors Act 1957 for the satisfaction of an original Judgment by instalments may constitute a variation to the said original Judgment.
Covid-19 Movement Control Order – The Impact on Business Contracts
The COVID-19 pandemic has disrupted the global market and businesses. The governments across the world have taken measures to curb the spread of the COVID-19 virus and the impact on the global economy would certainly be significant.
Movement Control Order FAQ – Employment Law Perspective
On 16.3.2020, the Malaysian government decided to implement the Movement Control Order (“MCO”) from 18.3.2020 until 31.3.2020 to address the Covid 19 outbreak in Malaysia and the MCO has now been extended until 14.4.2020.
Recent Federal Court Decision on Liquidated Damages Clause
The Malaysian Federal Court has recently, in the case of Cubic Electronics Sdn Bhd (in liquidation) v Mars Telecommunications Sdn Bhd [2019] 2 CLJ 723 decided on the often debated point of law relating to the application and effect of liquidated damages clauses.
Case Commentary – Top Glove Corporation Bhd & Ors v Low Chin Guan & 3 Ors
The Plaintiffs and the Defendants had entered into a Sale and Purchase Agreement (“SPA”) to purchase the shares in Aspion Sdn Bhd (“Aspion”). Subsequent to entering into the SPA, the Plaintiffs alleged that they discovered the Defendants had made fraudulent misrepresentations to them, and had conspired with each other to defraud them.
Case Commentary – Gee Boon Kee & Ors v Tan Pok Shyong
The Appellants were the purchasers of two pieces of lands, namely Lots 512 and 513. However, for some reasons, they were not registered as the owners of the lands.
Case Commentary – Kang Hai Holding Sdn Bhd & Anor v Lee Lai Ban
The Federal Court explains whether an outsider who entered into an agreement with a former director is protected under the rule of Turquand.
Case Commentary – Bauer (M) Sdn Bhd v Jack-In-Pile (M) Sdn Bhd
The Respondent was awarded with a Subcontract by the Appellant for the supply and installation of spun piles for a contract sum of RM1,850,000.00. The Employer of the project was unfortunately wound up in 2012. In the circumstances, payment claims by the Respondent had stalled in view the predicament of the Employer, and this gave rise to payment disputes between the parties.
Overview of the Tort of Medical Negligence
A decade ago – Year 2007, was remarkably the most eventful year for the area of Medical Negligence in Malaysia.
Case Commentary: Au Kean Hoe v Persatuan Penduduk D’Villa Equestrian
The Appellant and his wife are the purchasers and co-owner of a house at No. 7, Jalan Kenyalang 11/5E, D’Villa Equestrian, Kota Damansara, 47810 Petaling Jaya, Selangor. When the Appellant and his wife purchased the house, two boom gates and a guard house were already in place and functioning at the housing estate.
Statutory Adjudication 101
Statutory Adjudication was introduced by virtue of the enactment of the Construction Industry Payment and Adjudication Act 2012 (CIPAA 2012) (“the Act”) which was passed by the Malaysian Parliament in March 2012 and received Royal Assent on 18th June 2012.
Making A Will
Making a will can protect your loved ones and to avoid unnecessary complications alongside a great deal of heartaches. The creation of a will is a matter of life and death as it is the voice of the maker from his death.
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