In Malaysia, it is a common phenomenon that developer will offer rebates or discount to the purchasers but generally such offer is not included in Sale and Purchase Agreement. Therefore, it is necessary to have a rebate letter to protect…
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Things to know with regards to OFFER TO SETTLE
Q: What is an offer to settle? A: The common law origin of offer to settle is known as the “Calderbank offer”, named after the case of #Calderbank v Calderbank. An offer to settle occurs when a party offer an out of…
CASE UPDATE: Peguam Negara Malaysia v. Mkini Dotcom Sdn Bhd & Anor [2021] 2 MLJ 652
Issue: Whether an online platform provider is liable for third party comments which are offensive even though they had no knowledge of the same until notified and where the impugned comments were then promptly removed? Judgment: The majority of the…
E-Lelong System
E-Lelong system is an online public auction system in Malaysia that conducts public auction of immovable property for foreclosure proceedings in court where bidders can bid from anywhere without having to appear in court. Through e-lelong system, the descriptions of…
4 Things To Know In Dealing with Inter-Floor Leakage
What is inter-floor leakage? Regulation 55 of the Strata Management (Maintenance and Management) Regulations 2015 (‘Regulations 2015’) defined “inter-floor leakage” as any evidence of dampness, moisture or water penetration on the ceiling or any furnishing material that is attached, glued, laid or…
CASE UPDATE: PJD Regency Sdn Bhd v Tribunal Tuntutan Pembeli Rumah & Anor and other appeals [2021] 2 MLJ
Issues Whether the date for calculation of liquidated agreed damages (‘LAD’) begins from the date of payment of the booking fee/deposit/initial fee or the date of the sale and purchase agreement. Whether computation of LAD for the completion of common…
CASE UPDATE: Wonderful Compound Sdn Bhd v. Man Plug Industries Sdn Bhd [2021] 1 LNS 470
Issue When does the cause of action accrued? Judgment Cause of action is defined by Lord Wsher in Read v. Brown [1889] 22 QBD 128 as “the entire set of facts that gives rise to an enforceable claim; the phrase comprises every fact which,…
[Member] Small Claims Procedure
Small Claims Procedure is an alternate manner of resolving disputes which allows any individual to commence a legal suit. As pointed out by the court in Wee Nai Li v Sarawak Bank Employees Union (2012) LNS 872, the purpose of…
[Member] CASE UPDATE: Bludream City Development Sdn Bhd v Kong Thye & 184 others and 5 other appeals
Issues Whether the Federal Court Decision in Ang Ming Lee & Ors v Menteri Kesejahteraan Bandar, Perumahan dan Kerajaan Tempatan & Anor and other appeals [2020] 1 MLJ 281 applicable to the present facts. Whether the Minister is empowered to grant…
Koperal Zainal bin Mohd Ali & Ors v Selvi a/l Narayan (joint administrator and dependant of Chandran a/l Perumal, deceased & Anor) [2021] 3 MLJ
Introduction Article 5(1) of Part II of the Federal Constitution (‘FC’) recognised the fundamental right of life of the people by providing that no one shall be deprived of his life or personal liberty including detainee save in accordance with law.…
Rights of Employees who tested positive for Covid-19
What rights does an employee have if he is required to be put under quarantine? For employee who has been received quarantine order issued by the medical authority after tested positive for COVID-19 under under Section 15 (1) of the Prevention…
[Member] STANDARD TERMS AND CONDITIONS OF EMPLOYMENT #201221
Terms of employment refers to the responsibilities and benefits associated with a job as agreed upon by an employer and employee at the time of hiring. These terms, which may also be referred to as conditions of employment, generally include…
Covid-19 Amendment Bill 2021: 5 Amendments Affecting Housing Developers and Purchasers
On the 16th December 2021, The Dewan Rakyat on Thursday passed the Temporary Measures for Reducing The Impact of Coronavirus Disease 2019 (Covid-19) (Amendment) Bill 2021 that seeks to provide more space and opportunities to individuals and companies affected during…
Statutory Declaration – Panelship Renewal
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PENJANA KERJAYA 3.0
What is Hiring Incentive Programme (Penjana Kerjaya)? Owing to the covid-19 pandemic, Malaysia’s economy has been adversely affected. Therefore, the Hiring Incentive Programme (Penjaya Kerjaya) which is one of the economic recovery incentives under the National Economic Recovery Plan was…
Claims for Medical Negligence
When a patient visits the hospital or clinic, they would often expect to receive professional medical treatments from the medical practitioners in order to cure any medical issues that the patients are experiencing. Though, due to human errors, there are…
Are You Obligated to Pay A Deceased Family Member’s Taxes?
Taxes in Malaysia are generally controlled by the Inland Revenue Board (IRB), or commonly known as Lembaga Hasil Dalam Negeri (LHDN), and is governed by the Income Tax Act 1967. Once you have entered adulthood and started earning a source…
[Member] Renovation Agreement Template
This agreement is between the contractor and purchaser and the developer for renovation of building and stipulating the handing in of keys to the contractor for the purposes of renovation. 👇 CLICK BELOW TO DOWNLOAD OUR TEMPLATE 👇 Sign up…
Employee’s Termination Of Contract Without Notice
A notice of termination is a formal notification, usually in writing, done by an employer or employee to signify the termination of the employee’s contract of service in a company. A notice period is the duration to make the employer…
[Member] Building Agreement Between Owner And Contractor Template- Detailed Form
Here is a detailed version of a building agreement made between an owner and contractor for a construction. 👇 CLICK BELOW TO DOWNLOAD OUR TEMPLATE 👇 Sign up now as a Premium Member in order to download this template!