The recent Federal Court decision in Catajaya Sdn Bhd v Shoppoint Sdn Bhd has breathed new life into the interpretation of termination clauses in contracts. Indeed, it sounded a cautionary note to the business community at large when the Federal Court held that termination clauses must be interpreted strictly.
Category Archives: ILO
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Feb
Feb
The recent Federal Court decision in Catajaya Sdn Bhd v Shoppoint Sdn Bhd has breathed new life into the interpretation of termination clauses in contracts. Indeed, it sounded a cautionary note to the business community at large when the Federal Court held that termination clauses must be interpreted strictly.
This article examines the recent Federal Court decision of Stone World Sdn Bhd v Engareh (M) Sdn Bhd.
Are the Malaysian courts adopting a minimalist judicial intervention approach in considering anti-arbitration injunctions? This article discusses the recent Federal Court decision of Jaya Sudhir a/l Jayaram v Nautical Supreme Sdn Bhd and two recent high court decisions that made reference thereto.
Introduction The emerging practice of the sharing economy, often known as the peer-to-peer economy, is well known. Airbnb and other short-term rental platforms are some examples of the disruptive sharing economy innovations for the hospitality industry. This has garnered the interest of property owners in listing their residential units with these platforms for short-term rental….
Introduction In ASM Development (KL) Sdn Bhd v Econpile (M) Sdn Bhd,(1) Darryl Goon J (now JCA) held that an adjudication decision, even one which has been enforced as if it were a court judgment or order pursuant to Section 28 of the Construction Industry Payment and Adjudication Act (CIPAA) 2012, is still a disputable…
Introduction Modelled after the Australian Torrens System, the concept of indefeasibility is the cornerstone of Peninsular Malaysia’s land administration system, which is embodied in Section 340 of the National Land Code 1965. Once an interest is registered in the title of a property, it is immune against any adverse claims. While disputes on indefeasibility are…
Introduction The Construction Industry Payment Adjudication Act 2012 (CIPAA) was enacted to alleviate payment problems in the construction industry by allowing any payment dispute to be resolved speedily through adjudication. However, the losing party may opt to set aside or stay an adjudication decision pursuant to Sections 15 and 16 of the CIPAA. On the…
Introduction The direct payment made by an employer of a construction project to a subcontractor is a key feature of statutory adjudication in Malaysia. In BHL Gemilang Sdn Bhd v CT Indah Construction Sdn Bhd,(1) the apex court refused to disturb the Court of Appeal’s landmark ruling which tests the efficacy of the direct payment…
Introduction When a company is wound up by a court order, a liquidator steps in and manages the company. It is enunciated in the Malaysian company law regime that the legal standing of such company to bring or proceed with an action or proceedings is vested in the liquidator. If an action or proceeding is…