LAD: Common Sense Approach and Proportionality – MS Elevators Engineering Sdn Bhd v Jasmurni Construction Sdn Bhd W-02(C)(W)-627-03/2018
28th July 2019 Issues Construction contracts usually contain a clause imposing liquidated ascertained damages (“LAD”) if the contractor fails to complete its works within the
Dismissal of Winding Up Petition When There is An Arbitration Agreement? – Awangsa Bina Sdn Bhd v Mayland Avenue Sdn Bhd [Case No. WA-28NCC-1146-12/2018]
When the underlying agreement contains an arbitration clause, the test applicable to defeat a winding-up petition and/or to restrain the presentation of a winding-up petition is different and one is merely required to show that there is a prima facie dispute of debt…
Resisting Enforcement of CIPAA Decision without filing a Setting Aside Application? Inai Kiara Sdn Bhd v Puteri Nusantara Sdn Bhd [2019] 2 CLJ 229
12th April 2019 Issues Once a decision is rendered in favour of the claimant following adjudication pursuant to the Construction Industry Payment and Adjudication Act
Navigating Through the Maze of Liquidated Ascertained Damages Clause and Forfeiture of Deposit:
Cubic Electronics Sdn Bhd (In Liquidation) V Mars Telecommunication Sdn Bhd Appeal
No. 02(F) – 64 – 09/2016 (W)
08th March 2019 INTRODUCTION For the longest of time, when there is a breach of contract, the innocent party cannot per se recover the Liquidated
CIPAA : Winding Up without first registering Adjudication Decision? Likas Bay Precinct Sdn Bhd v Bina Puri Sdn Bhd [2019] MLJU 49
21st February 2019 Issues The Malaysian Courts had in the past allowed Fortuna Injunctions to restrain prosecution of winding up petition where the alleged debt
CIPAA : Oral Evidence and Breach of Natural Justice? Guangxi Dev & Cap Sdn Bhd v Sycal Bhd & Anor Appeal [2019] 1 CLJ 592
31st January 2019 Issues An Adjudicator has the powers to conduct any hearing and limiting the hearing time, if the Adjudicator so wishes. This power
Quantum Meruit: Subcontractor claiming directly against Employer for work done? Mega Mayang M&E Sdn Bhd v Utama Lodge Sdn Bhd and Anor Appeal [2018] MYCA 329
28th November 2018 Issues Often times it is said that a subcontractor cannot make a direct claim against the employer of the project for payment
Can Parties Contract Out of the Prevention Principle? North Midland Building Ltd v Cyden Homes Ltd [2018] EWCA Civ 1744
31st October 2018 Issues The law does not allow an employer to recover liquidated damages where the delay is caused by the employer. This is
Foreign Exclusive Jurisdiction Clause and Forum Conveniens : Stay of Proceedings – World Triathlon Corporation v SRS Sports Centre Sdn Bhd [2018] MYCA 248
12th September 2018 Exclusive Jurisdiction Clause It is common for contracting parties to an international commercial contract to agree upon an exclusive jurisdiction to hear