What happens you manage to obtain a monetary order/judgment against a person who owes you money (i.e. a debtor) but he refuses to comply with the order/ judgment? Below is a quick guide on some of the things you can do (legally!) to secure your money. Bankruptcy proceeding Under this umbrella, the debtor will be…
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What is a consumer tribunal? The Tribunal for Consumer Claims or the Tribunal Tuntutan Pengguna Malaysia (the “Tribunal”), an independent body established under the Consumer Protection Act (the “Act”) and operates under the Ministry of Domestic Trade, Co-Operatives and Consumerism, is a tribunal that is established to provide an alternate means for consumers to file…
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Is litigation the only solution to a contractual dispute? The short answer is no. This is because, in reality, parties often have alternate ways to settle their dispute. Today, we will talk about one such method that could potentially prevent parties from having to fight tooth and nail in court. However, this particular method only…
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What is coercion in relation to contract If you look closely under the Contact Act 1950 (the Act), you will find two sections discussing what is coercion. You will find the first one in section 15 of the Act. Under section 15, the Act defines coercion as the act of committing, or threatening to commit…
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What is unjust enrichment It is an occurrence in law (usually in a contractual dispute) whereby a person is enriched at the expense of another, and the enrichment is deemed to be unjust in the eyes of the law. For example, A and B entered into a contract whereby A will pay a sum of…
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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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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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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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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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