Month: February 2020

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Claims That Can be Pursued under CIPAA 2012

What kind of payment claim can a party in a construction contract claim under the Construction Industry Payment and Adjudication Act? To find out more, let us briefly look at the Federal Court case of Martego Sdn Bhd v Arkitek Meor & Chew Sdn Bhd & Another Appeal, where the court had the chance to…
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February 29, 2020 0

Can a Bankrupt Transfer Properties?

Can an individual who is declared bankrupt transfer a movable property (for example, shares) to another person? This issue is dealt with in Yui Chin Song & Ors v Lee Ming Chai & Ors. While the case dealt with other matters of law, we will be solely focusing on the above issue in this article.  …
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February 25, 2020 0

Limitation Act and the Auction Dates Conundrum

What happens if you borrow money from the bank to purchase a property and fail to pay back the monies you owe to them? Short answer: the bank can actually apply for an order for sale to auction off your house to settle the debt that you owe them. However, what happens if they fail…
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February 20, 2020 0

Is the Right to Counsel Absolute?

If you are arrested by a police officer, can you immediately request the police officer to allow you to consult a lawyer? Can they refuse your request? This issue was dealt with in the recent High Court case of Datuk Hasanah Abdul Hamid v Suruhanjaya Pencegahan Rasuah Malaysia & Anor. Brief facts of the case…
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February 17, 2020 0