On 16th March 2020, the Malaysian Prime Minister announced the Movement Control Order (“MCO”) throughout Malaysia as a measure to curb the spike of COVID-19 cases. In addition to some frequently asked questions that have been issued, this article addresses four key...
This is the first decision of a constitutional challenge on the legitimacy of statutory adjudication under the Construction Industry Payment and Adjudication Act 2012 (“CIPAA”). In this case, the High Court was also confronted with a challenge on the appointment of...
Introduction In Malaysia, the contract for the sale of buildings or residential units by developers is (subject to the nature of the development project) provided in the schedules to the Housing Development (Control and Licensing) Regulations1989 (1989 regulations), a...
Introduction Section 126 of the Evidence Act 1950 imposes a legal obligation on all solicitors to protect and keep confidential any information obtained from their clients, including any legal advice that has been proffered. The significance of the legal professional...
In Jaya Sudhir Jayaram v Nautical Supreme Sdn Bhd(1), the Federal Court held that Sections 8 and 10 of the Arbitration Act 2005 do not apply to a non-party to an arbitration agreement. Facts The appellant commenced an action in the high court against the first to...
Introduction The Federal Court recently addressed the proper construction of Section 93(3) of the Bankruptcy Act 1967 and Rule 276 of the Bankruptcy Rules 1967 in Ambank (M) Berhad v Lim Sue Beng.(1) In this appeal, the Federal Court was requested to decide on the...
Introduction Typically, once an order has been drawn up and sealed, the court becomes functus officio and has no power to vary or set aside the same. However, an exception to this rule is where an order has been irregularly obtained. This exception was recently...
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By Foo Joon Liang The Construction Industry Payment and Adjudication Act 2012 (CIPAA) came into force on 15 April 2014. Apart from introducing statutory adjudication, CIPAA contains provisions governing payment terms within the construction industry. Section 35, for...
By Foo Joon Liang Almost four years into the implementation of the Construction Industry Payment and Adjudication Act 2012, commonly referred to as CIPAA, the Federal Court delivered its decision in View Esteem Sdn Bhd v Bina Puri Holdings Bhd [2017] 1 LNS 1378,...
Introduction Malaysia has a two-tier system of appeal. There are two appellate courts with appellate jurisdiction: the Court of Appeal and the Federal Court. Generally, a high court judgment can be appealed to the Court of Appeal and subsequently to the Federal Court,...