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What evidence is required in order to secure a Mareva injunction?
Introduction Pending the determination of a dispute, a party may worry that the opposing party will dissipate the relevant assets in dispute before the conclusion of the legal action. What options are available to ensure these relevant assets are preserved? One...
US embassy employee dismissal case chapter not closed
All employees are now protected by the Employment Act 1955
The ambit of the Employment Act 1955 (“EA 1955”) The ambit of the Employment Act 1955 (“EA 1955”) will change effective from 1.9.2022 pursuant to the Employment (Amendment of First Schedule) Order 2022 (“Amendment Order”), in conjunction with the Employment...
Liquidated damages – second bite of the cherry?
It is not always the case that purchasers can claim for liquidated damages against developers if the latter fail to deliver vacant possession. Our Tan Min Lee and Tan Lay Keng discuss this further with reference to the case of Chin Kok Woo & Others v Sky Park...
Is a company bound by a contract made prior to its incorporation?
Are pre-incorporation contracts enforceable?Our Gan Khong Aik and Lee Sze Ching (Ashley) shed light on the question through the case of Dae Hanguru Infra Sdn Bhd v Baldah Toyyibah (Prasarana) Kelantan Sdn Bhd. Introduction At common law, a company that is yet to be...
Limits to Adjudicators’ Powers
Our Tasha Lim discusses the High Court’s decision in Cescon Engineers Sdn Bhd v Pesat Bumi Sdn Bhd and another case [2022] 9 MLJ 79 with respect to adjudicators’ powers. Introduction Adjudicators are granted wide discretionary powers under section 25 of the...
Housing Developers Breathe a Sigh of Relief-The Alvin Leong Saga (Part II)
This is a sequel to our article titled “Housing Developers Breathe a Sigh of Relief – The Alvin Leong Saga”. Click here to read more.
Arbitrate – yay or nay?
Foo Joon Liang and Carissa How explain why it is important to make a firm choice – whether or not to arbitrate. Introduction Whether or not to arbitrate is a common question. Those in favour of arbitration find that there is less rigidity to the overall process of...
Material Changes to the Patents Act 1983
The new Patents (Amendment) Act 2022 came into force on 18.3.2022. The changes bring Malaysia more in line with current international patent treaties. Sit tight as our Alex Choo and Matthew Ho illuminate the various changes to the patent landscape. Click here to read...