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…
Apr
This is a sequel to our article titled “Housing Developers Breathe a Sigh of Relief – The Alvin Leong Saga”. Click here to read more.
Apr
Our Foo Joon Liang and Carissa How explain why it is important to make a firm choice – whether or not to arbitrate. Introduction Whether or not to arbitrate is a common question. Those in favour of arbitration find that there is less rigidity to the overall process of dispute resolution, where party autonomy reigns,…
Apr
The new Patents (Amendment) Act 2022 came into force on 18.3.2022. The changes of which brings Malaysia more in line with current international patent treaties. Sit tight as our Alex Choo and Matthew Ho illuminate on the various changes to the patent landscape. Click here to read the article.