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 (Amendment) Act 2022 (“Amendment Act”). Prior to the Amendment Order, the EA 1955 as it stands only applies to persons falling within the following…
Author Archives: glawadmin
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 a reference to the case of Chin Kok Woo & Others v Sky Park Properties Sdn Bhd & Others. Introduction…
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 incorporated cannot enter into a contract, as it is…
We are delighted to share that our firm is named among the winners of the Malaysia Law Firm Awards 2022 in the category of IP Protection awarded by Asia Business Law Journal. Click here to read more.
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 Construction Industry Payment and Adjudication Act 2012 (CIPAA). The High Court recently discussed…
This is a sequel to our article titled “Housing Developers Breathe a Sigh of Relief – The Alvin Leong Saga”. Click here to read more.
Our 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 dispute resolution, where party autonomy reigns,…
The new Patents (Amendment) Act 2022 came into force on 18.3.2022. The changes of which brings Malaysia more in line with current international patent treaties. Sit tight as our Alex Choo and Matthew Ho illuminate on the various changes to the patent landscape. Click here to read the article.
Our Foo Joon Liang and Benjamin Kho explore whether Section 7 of the Covid 19 Act shields construction industry players in their contractual dealings with the government amid the covid-19 pandemic. The Covid-19 Act(1) continues to raise riveting legal issues in the Malaysian courts. In SN Akmida Holdings Sdn Bhd v Kerajaan Malaysia,(2) a Malaysian high court was…