Tag Archives: Lee Xin Div

Interpretation of Statute & Contract: Apex Court favours “Commerciality” over “Illegality”

In Maple Amalgamated Sdn Bhd v Bank Pertanian Malaysia Bhd , the single specified issue before the Federal Court of Malaysia was whether an Islamic banking facility known as Bai Bithaman Ajil transaction is invalid for violating section 214A of the National Land Code. In dealing with that specific issue regarding BBA, the Federal Court also made broader pronouncements on the applicable legal principles when the Court is asked to invalidate a commercial transaction. The latter would have a much wider implication in the commercial world.

Covid Act: “Inability to Perform Contractual Obligation” tested in Courts

Part II of the Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (Covid-19) Act 2020 (“Covid Act”), which relieves contracting parties with inability to perform contractual obligations, has come into operation retrospectively on 18 March 2020 upon the enforcement of Covid Act on 23 October 2020. In June 2021, the former Minister in the Prime Minister’s Department (Parliament and Law) – Datuk Seri Takiyuddin Bin Hassan made another extension order to extend the operation period of Part II from 1 July 2021 to 31 December 2021.[2] Thus, for the time being, Part II protection is still available to eligible businesses at least until the end of this year.