Author Archives: ganlawadmin

Interpretation of Statute & Contract: Apex Court favours “Commerciality” over “Illegality”

In Maple Amalgamated Sdn Bhd v Bank Pertanian Malaysia Bhd , the single specified issue before the Federal Court of Malaysia was whether an Islamic banking facility known as Bai Bithaman Ajil transaction is invalid for violating section 214A of the National Land Code. In dealing with that specific issue regarding BBA, the Federal Court also made broader pronouncements on the applicable legal principles when the Court is asked to invalidate a commercial transaction. The latter would have a much wider implication in the commercial world.

Adjudicator is Bias for Unreasonable Deadlines & Failure to Account for MCO Restrictions

Whilst an adjudicator has wide discretionary powers under the Construction Industry Payment and Adjudication Act 2012, can such discretionary power disregard or bypass the restrictions provided in the Prevention and Control of Infectious Diseases (Measures Within Infected Local Areas) Regulations 2020 [P.U. (A) 91/2020] more commonly known as the ‘Movement Control Order’?

The High Court upon scrutinising the adjudicator’s conduct in Itramas Technology Sdn Bhd v Savelite Engineering Sdn Bhd and other cases held that there was actual bias by the Adjudicator for amongst others, failing to give effect to the MCO.

A Bird’s Eye View: Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (COVID-19) Act 2020 – Where do I go from here? (Part 1)

Introduction As Malaysia (and the world) continues its combat against this invisible enemy that has plagued the world and crippled economies, the Malaysian Parliament has recently passed the Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (COVID-19) Act 2020 (“Act”). The Act come into force today, 23 October 2020 (very timely considering the…

Oops, the name is already taken

Not obtaining trademark registrations early may prove costly. The industry-leading Sony PlayStation is a household name even for non-gamers1. The ‘PlayStation 4’ (or more colloquially referred to as ‘PS4’) released in 2013 became the fastest selling gaming console in history. The very eagerly awaited ‘PS5’ or expected launch in November 2020. While expected to dominate…

Wishing our Muslim friends a blessed and prosperous Eid al-Fitr! Selamat Hari Raya, Maaf Zahir dan Batin