Category Archives: Article

Construction contracts: no relief against government under section 7 of Covid-19 Act

Our Foo Joon Liang and Benjamin Kho explore whether Section 7 of the Covid 19 Act shields construction industry players in their contractual dealings with the government amid the covid-19 pandemic. The Covid-19 Act(1) continues to raise riveting legal issues in the Malaysian courts. In SN Akmida Holdings Sdn Bhd v Kerajaan Malaysia,(2) a Malaysian high court was…

Restricted from counterclaiming based on adjudication decision?

Our Foo Joon Liang and Tasha Lim Yi Chien explore whether parties are restricted from counterclaiming based on the adjudication decision awarded against them. Introduction It is common for parties to refer their construction disputes to adjudication under the Construction Industry Payment and Adjudication Act 2012 (CIPAA). However, in a situation where one half of the…

Unravelling validity of tenancy agreement that contravenes land’s express condition

Our Tan Min Lee and Lee Hui Juan discuss the Federal Court’s decision in Singma Sawmill Co Sdn Bhd v Asian Holdings (Industrialised Buildings) Sdn Bhd. In Tan Sri Dato’ Lim Cheng Pow v Bellajade Sdn Bhd & Another Appeal,(1) the key issue was whether a tenancy for the commercial use of land, where the express condition was…

Failure to mediate before arbitration is question of admissibility, not jurisdiction

Our Foo Joon Liang and Tasha Lim discuss Malaysian courts’ approach in dealing with the issue whether the failure to mediate before arbitration is question of admissibility rather than jurisdiction. Introduction The UK Commercial Court recently considered whether a party’s failure to comply with a pre-condition that parties mediate before referring the dispute to arbitration…

“Liable jointly and severally” – what is the implication?

If you have obtained a judgment in your favour against several judgment debtors but there is no mention in the judgment that they are liable jointly and severally for the judgment sum, what is your right against the debtors when it comes to enforcement of the judgment? This was the issue canvassed before the Federal Court in Lembaga Kumpulan Wang Simpanan Pekerja v Edwin Cassian Nagappan.