Litigation, Gan Partnership updates

Malaysia

Contributed by Gan Partnership
Court rules that management corporation may sue developer for latent defects in common property
  • Malaysia
  • 15 June 2021

When the statutory duty to "properly maintain the common property and keep it in a state of good and serviceable repair" is passed to a management corporation, does the corporation have standing to sue the developer for any defects in the common property? A high court recently addressed this question in a decision which is a significant and welcoming legal development concerning strata and building management.

Is my name truly mine?
  • Malaysia
  • 08 June 2021

In a recent case concerning a popular nasyid singer and composer, the Federal Court answered the question of law of who has the locus standi to commence a common law passing-off action as the owner of goodwill where two entities are entitled to claim such goodwill. The Federal Court's decision is a testament to the growth and advancement of the IP law regime in Malaysia.

CIPAA: adjudicators' powers to order remedies and interest when payment clause is unenforceable
  • Malaysia
  • 25 May 2021

A recent high court decision examined the extent of an adjudicator's powers to determine remedies and interest in unique circumstances where a payment clause was void and the default statutory implied payment provision in the Construction Industry Payment and Adjudication Act was pleaded. The decision is a welcome judgment for the construction industry, especially unpaid parties as they are not strictly bound by their pleaded case, particularly with regard to the remedies sought.

CIPAA: can only advocates qualified under Sabah or Sarawak Advocates Ordinance practise in East Malaysia?
  • Malaysia
  • 18 May 2021

The governing law of the legal profession differs in Peninsular and East Malaysia. Should a party wish to commence a court action in East Malaysia, an advocate qualified under the Sabah or Sarawak Advocates Ordinance would have to be appointed. However, what about adjudication proceedings conducted under the Construction Industry Payment and Adjudication Act 2012, which allows parties to "be represented by any representative appointed by the party"? The high court recently shed light on this matter.

Statutory oppression action: apex court confirms that remedies may extend to directors and third parties
  • Malaysia
  • 11 May 2021

A recent Federal Court decision confirms that remedies in a statutory oppression action may extend to the directors of the subject company and third parties. The decision establishes the wide scope and remedies available in a statutory oppression action, in line with its expressed purpose of "bringing to an end or remedying the matters complained of". This provides welcome clarity with regard to Section 346 of the Companies Act 2016.


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