“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: Article
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.
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.
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…
Following a statement released by the Securities Commission Malaysia (SC) on 26 January 2021, which reminded the unlisted public companies to comply with requirements in SC’s prospectus guidelines and securities laws, we believe that the following information will be useful to the players. What is a prospectus A prospectus[1] is a mechanism that invites…
Technology reduces needs for transfer, encourages remote trials In Muhammad Hafidz bin Mohd Dusuki v Hassan bin Zulkifli[1], the defendant in a copyright infringement claim applied to transfer the case from Kuala Lumpur to Kota Bharu, on the following grounds: (1) alleged infringement in Tumpat, Kelantan; (2) defendant’s place of business and residence are both…
The Securities Commission Malaysia (SC) has recently issued a Guidance Note on Provision of Investment Advice[1]. Given the increasing number of self-proclaimed investment advisors, the Guidance Note clarifies situations where a person needs to be licensed by the SC to provide investment advice. Licence from the SC is required A person needs to be…
Housing Developers Beware – Federal Court Upholds Faber Union