Author Archives: glawadmin

YouTube’s landmark Copyright win

In the long-running battle between Europe’s $1 trillion creative industry and online platforms, the European Court of Justice ruled that Google’s YouTube and other online platforms are not liable for copyright-infringing works uploaded by users.

Oppression actions: court’s discretion has limits

Section 346 of the Companies Act 2016 (“CA 2016”) provides wide powers to the Court to grant remedies as it deems necessary to bring an end to the matters complained of in an oppression action. In Lee Kai Wuen v Lee Yee Wuen, the Federal Court refused leave…

Court rules that management corporation may sue developer for latent defects in common property

A statutory duty to “properly maintain the common property and keep it in a state of good and serviceable repair” shifts between a developer, a joint management committee and a management corporation subject to the timeline provided in the Strata Management Act 2013. However, when the baton is passed to a management corporation, does the management corporation have standing to sue the developer for any defects in the common property?

CIPAA: adjudicators’ powers to order remedies and interest when payment clause is unenforceable

Section 25 of the Construction Industry Payment and Adjudication Act (CIPAA) 2012 lists adjudicators’ extensive powers in adjudication proceedings, including the power to award financing costs and interest. The recent high court decision in First Commerce Sdn Bhd v Titan Vista Sdn Bhd and another case(1) examined the extent of an adjudicator’s powers to determine remedies and interest in unique circumstances where a payment clause was void and the default statutory implied payment provision in the CIPAA was pleaded.

Is my name truly mine? – Mohammad Hafiz bin Hamidun v. Kamdar Sdn Berhad

Last Thursday, 20 May 2021, the Federal Court in Mohammad Hafiz bin Hamidun v. Kamdar Sdn Berhad(1) was invited to answer the following question of law: