Author: adminmathews

Legal Service Provider In Malaysia For Corporate Law, Legal Advice, Legal Assistance, Commercial Litigation And Arbitration

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

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

Breaching A Yet To Be Performed Agreement – Is It Even Possible?

Can you sue a person/entity for a breach of agreement/ contract (that you both entered) which is not yet due to be performed by that person/entity? Let us find out more about it, by briefly look at the case of Yaw Chun Soon v. Newfields Land Sdn Bhd. Brief facts of the case Newfields entered…
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January 31, 2020 0

Dispositive vs Whole – The Arbitration Award Conundrum

When a party wishes to enforce an arbitration award through a court of law in Malaysia, must the party provide the court with the whole award given in the arbitration proceedings in order for the court to decide whether to allow the party to enforce the award or only a dispositive part of the award?…
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January 28, 2020 0

The Subcontractor’s Exemption Dilemma

In a construction dispute that comes within the ambit of the Construction Industry Payment and Adjudication Act (“CIPAA”), can a subcontractors’ contract can be considered an exempt contract under the First Schedule of the Construction Industry Payment And Adjudication (Exemption) Order? To know more, let us dive into the recent case of  ENRA Engineering And…
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January 25, 2020 0

Redress For Late Delivery Against Subsequent Developer – Can It Be Done?

Can a purchaser seek damages from a subsequent developer for the late delivery of their property? To find out more, let us briefly look at the case of Woolley Development Sdn Bhd v Tiara Contours Construction Sdn Bhd and see what the Court of Appeal has to say about this matter. Brief facts Cherating Development…
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January 20, 2020 0

Retrospective Law – Does it Alter Your Legal Rights?

What happens if a new law comes into force? Will it supplement/ replace its predecessors? Will it replaces the rights that you have acquired by virtue of conforming to the existing law? Which law must you adhere to? Will you be breaching the new law if you are to adhere to the old law? This…
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December 31, 2019 0