Author Archives: ganlawadmin

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…

From bare trustee to chargee: does registration of a charge assure an indefeasible interest?

Introduction Modelled after the Australian Torrens System, the concept of indefeasibility is the cornerstone of Peninsular Malaysia’s land administration system, which is embodied in Section 340 of the National Land Code 1965. Once an interest is registered in the title of a property, it is immune against any adverse claims. While disputes on indefeasibility are…

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CIPAA: court has no discretion to set aside adjudicator’s costs order

Introduction The Construction Industry Payment Adjudication Act 2012 (CIPAA) was enacted to alleviate payment problems in the construction industry by allowing any payment dispute to be resolved speedily through adjudication. However, the losing party may opt to set aside or stay an adjudication decision pursuant to Sections 15 and 16 of the CIPAA. On the…

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Section 30 of CIPAA: apex court maintains mandatory direct payment obligation against employer under receivership

Introduction The direct payment made by an employer of a construction project to a subcontractor is a key feature of statutory adjudication in Malaysia. In BHL Gemilang Sdn Bhd v CT Indah Construction Sdn Bhd,(1) the apex court refused to disturb the Court of Appeal’s landmark ruling which tests the efficacy of the direct payment…

Embassy dismisses employee: exercise of jure imperii or act of jure gestionis?

In The United States of America v Menteri Sumber Manusia Malaysia,(1) the high court faced a judicial review application filed by the United States in Malaysia. The facts leading to the application were uncommon and the court considered a novel aspect of industrial law jurisprudence in Malaysia. Facts The applicant (the United States) filed the…

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Apex court rules that maintenance charges owed by parcel proprietors constitute unsecured debts

Introduction As a statutory creature under the Strata Titles Act 1985,(1) a management corporation (MC) is tasked to maintain and manage subdivided buildings and their common properties, such as common facilities, in a good state. An MC may impose and collect maintenance charges from the parcel proprietors of subdivided buildings in accordance with the Strata…

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