Category Archives: Article
Oct
Introduction Pending the determination of a dispute, a party may worry that the opposing party will dissipate the relevant assets in dispute before the conclusion of the legal action. What options are available to ensure these relevant assets are preserved? One recourse is to seek an order to effectively freeze the assets of the party…
Aug
The ambit of the Employment Act 1955 (“EA 1955”) will change effective from 1.9.2022 pursuant to the Employment (Amendment of First Schedule) Order 2022 (“Amendment Order”), in conjunction with the Employment (Amendment) Act 2022 (“Amendment Act”). Prior to the Amendment Order, the EA 1955 as it stands only applies to persons falling within the following…
Jun
It is not always the case that purchasers can claim for liquidated damages against developers if the latter fail to deliver vacant possession. Our Tan Min Lee and Tan Lay Keng discuss this further with a reference to the case of Chin Kok Woo & Others v Sky Park Properties Sdn Bhd & Others. Introduction…
May
Are pre-incorporation contracts enforceable ? Our Gan Khong Aik and Lee Sze Ching (Ashley) shed light on the question through the case of Dae Hanguru Infra Sdn Bhd v Baldah Toyyibah (Prasarana) Kelantan Sdn Bhd. Introduction At common law, a company that is yet to be incorporated cannot enter into a contract, as it is…
May
Our Tasha Lim discusses the High Court’s decision in Cescon Engineers Sdn Bhd v Pesat Bumi Sdn Bhd and another case [2022] 9 MLJ 79 with respect to adjudicators’ powers. Introduction Adjudicators are granted wide discretionary powers under section 25 of the Construction Industry Payment and Adjudication Act 2012 (CIPAA). The High Court recently discussed…