Author Archives: glawadmin

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:

Statutory oppression action: apex court confirms that remedies may extend to directors and third parties

The Federal Court decision in Auspicious Journey Sdn Bhd v Ebony Ritz Sdn Bhd confirms that remedies in a statutory oppression action may extend to the directors of the subject company and third parties.

Apex court considers application of Prest in piercing corporate veil

A separate legal entity – or rather, a ‘corporate veil’ – exists to separate a corporate entity from its incorporators upon incorporation. Citing the century-old case Solomon v A Solomon & Co Ltd, Justice Nallini Pathmanathan stated the following in Ong Leong Chiou v Keller (M) Sdn Bhd…