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Land Law: Temporary Occupational Licence

A brief introduction on Temporary Occupational Licence (TOL) These are licences granted by the Malaysian state authorities (in accordance with the Malaysian National Land Code) to individuals or companies to occupy certain lands within the Peninsular Malaysia, such as state land, mining land and reserved land which are currently not being used by the states…
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May 14, 2020 0

The Appellate Conundrum – Is Every Decision Appealable?

A claim in court generally involves two parties from opposite ends attempting to stake a claim in the dispute between them. To this end, we all know that there will always be a party that drew the shorter end of the stick i.e. they did not succeed in their claim. This is where the appeal…
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May 1, 2020 0

What is Expert Evidence?

What is expert evidence These are evidence given by individuals who professed to be an expert in a particular field in relation to matters or knowledge that the court is lacking when they are determining a case. In could include areas of expertise such as medical science, cyber-security issues, foreign laws, etc.  Why is there…
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April 29, 2020 0

Malay Reserve Land: Can It Be Charged To A Non-Malay?

In West Malaysia, a Malay reserve land CANNOT be charged to a Non-Malay individual/ corporate entity. The only exception is Kedah. This exception was discussed in the recent Federal Court case of Affin Bank Bhd v Jamaludin Jaafar; The Association of Banks in Malaysia & Anor (Interveners). Brief facts of the case Teh Two Kea…
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April 21, 2020 0

Getting Sued By Your Condo Management

In one of our previous article, we briefly talk about how (if you are staying in a condo) you can sue you condo management if your condo is left in a state of disrepair. Today, we will be discussing just the opposite i.e. whether your condo management can bring legal action against you. The short…
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April 17, 2020 0

The Controller of Housing and The Power to Modify SPA

What happens if your house is not build on time? Can your developer apply for an extension of time to the Controller of Housing to extend the completion date? Is the Controller of Housing empowered to determine such an issue? To find out more, let us look at the Federal Court case of Ang Ming…
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April 2, 2020 0

Can You Charge Your Tenant For Double Rent?

What happens if your tenant refuses to move out at the expiry of their tenancy agreement- can you charge your tenant for double rent? This matter was dealt with in the Federal Court case of Rohasassets Sdn Bhd v Weatherford (M) Sdn Bhd & Another. Brief facts of the case Rohasassets Sdn Bhd (‘Rohasassets’) let…
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March 30, 2020 0

Can You Sue Your Condo’s Management?

What happens when a condominium “condo” you live in is in a state of disrepair? What can you do? Who can you sue? Today, we will briefly discuss just this issue.  Who manages a condo? So who manages the condo? You as the owner of a unit in the condo? A corporate entity? Your neighbor’s…
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March 23, 2020 1

Criminal 101 – The Right to Remain Silent

When you are arrested by a police officer, you are normally accorded a myriad of legal rights in this country. Amongst them is the right to remain silent. However, and as we will find out soon enough, this right can potentially be a double-edged sword.  What is it about? The right to remain silent is…
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March 16, 2020 0

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