“The Construction Industry Payment and Adjudication Act 2012 (CIPAA) has been legislated to facilitate cash flow in the construction industry.” – a sentiment readily resonated nationally amongst judges and legal practitioners in the construction industry alike, amongst others.
Category Archives: News & Events
In Sunrise Megaway Sdn Bhd (In Liquidation) v Kathryn Ma Wai Fong, the Court of Appeal was tasked with deciding whether a liquidator’s decision to admit a proof of debt (POD) could be challenged.
It is a standard practice in the hotel industry to collect a 10% service charge from the customers in place of a tipping system, which will in turn be distributed to the eligible employees. This seemingly explains why the hotel industry employees were paid low basic salary, because they would be compensated with the income earned from service charge.
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Mar
Mar
Section 17A of the Malaysian Anti-Corruption Commission (MACC) Act 2009 has been set in motion today by seeing the first charge made against an offshore vessel company, since the provision came into force on 1 June 2020.
Section 17A of the Malaysian Anti-Corruption Commission (MACC) Act 2009 has been set in motion today by seeing the first charge made against an offshore vessel company, since the provision came into force on 1 June 2020.
When a contractor takes over the sub-contractor’s works, can the contractor make a claim in adjudication against the sub-contractor? Scenarios as such are not uncommon as contractors may be obliged take over the sub-contractor’s works when the sub-contractor can no longer proceed with its work, refuses to carry out rectification works, or worst, abandons the project altogether.
Contractors who find themselves in such circumstances and wish to make a claim against the sub-contractors by way of an adjudication under the Construction Industry Payment and Adjudication Act 2012 (“CIPAA”) should be wary of the recent High Court case, Hiform (M) Sdn Bhd v Pembinaan Bukit Timah Sdn Bhd and another case.
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.
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Feb
Feb
Wishing everyone good health and good fortune in the auspicious year of the Ox! Happy Chinese New Year from all of us at Gan Partnership! 颜合伙律师事务所成员恭祝各界在新的一年里“牛”转乾坤，步步高升！新年快乐，身体健康！
Liability of Online Marketplaces for IP infringement by its Sellers As e-commerce is booming, it will not be an overstatement to say that online marketplaces have disrupted the retail scene. For example, Amazon gets close to a global 6 billion views a month while in Southeast Asia, Shopee and Lazada attract over 400 million monthly…