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Legal Update

Federal Court decision of Ang Ming Lee & 34 Others v. Menteri Kesejahteraan Bandar, Perumahan dan Kerajaan Tempatan and Anor

No Extension of Time for Housing Developers On 14.5.2019, the Federal Court heard 6 appeals brought by the buyers and the developer of a development known as Kondo Sri Istana (“the Project“). The appeals concerned the decision of the Controller of Housing (“the Controller“) in granting an extension of time to the developer, for its […]

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Reprint Of Companies Act 2016

The Companies Commission of Malaysia announced on its website that the Companies Act 2016 (“Act”) has been reprinted as at 1 November 2018, and the same will be the authoritative text of the Act. Minor revisions have been made to the Act by the Commissioner of Law Revision pursuant to Section 14(1) of the Revision of […]

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Section 6A of the Limitation Act 1953 affords claims for latent defects an extended limitation period

Latent defects, which are defects that cannot be discovered by reasonable inspection or testing (see: Sigma Elevator v. Isyoda [2015] 1 LNS 1363), often only surface years after completion or occupation of a building. Unsurprisingly, a recurring question that surrounds latent defects is that of limitation. Prior to 1.9.2019, the limitation period for bringing an […]

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Bank Negara Malaysia Framework for Electronic Trading Platforms

On 8 November 2019, Bank Negara Malaysia (BNM) issued its Framework for Electronic Trading Platforms (“Framework”) which came into effect on 11 November 2019. This Framework effectively supersedes BNM’s Guidelines on Electronic Broking System by Licensed Money Brokers issued on 1 August 2005. The Framework applies to the following market participants in the wholesale financial […]

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Section 30(3) Of Cipaa Imposes An Independent Obligation To Pay

Section 30 of the Construction Industry Payment & Adjudication Act 2012 (CIPAA) generally enables a successful party in an adjudication to obtain payment from the principal of an unsuccessful party. For instance, if a subcontractor (as the successful party) has obtained an adjudication decision in its favour but the main contractor (as the unsuccessful party) […]

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Introduction of New Registration Number Format for Business Entities

The Companies Commission of Malaysia (“Commission”) has announced the introduction of a new 12-digit format for registration numbers for companies, businesses and limited liability partnerships. The implementation of the new format, which took effect on 11 October 2019, is in line with the government’s initiative to adopt a single registration format for all business entities […]

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Adjudication Decision Need Not Be Enforced As A Judgment Under S. 28 Of Cipaa To Commence Winding Up

Adjudication under Construction Industry Payment and Adjudication Act 2012 (“CIPAA”) is a temporary means of resolving payment disputes in the construction industry. Nevertheless, an adjudication decision is binding on parties until it is set aside or the dispute is finally resolved. Thus, it is possible and indeed an option for the successful party to an […]

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