One of the concerns for residents of condominiums, apartments and flats is whether they are allowed to keep pets and animals in their strata property. To shed some light on this issue, we look at the relevant strata management laws and regulations.  By-Law 14 By-Law 14 of the By-laws in the Third Schedule of the…

The Covid-19 pandemic and the Movement Control Order have caused distress to many companies due to the suspension of business operations and suppression of consumer demand. In Malaysia, the Companies Act 2016 offers three corporate rescue mechanisms which can be used to avail distressed companies. Corporate rescue mechanisms that are found under the Companies Act…

Management of a strata scheme development is always technically daunting, especially for new developers, building managers, managing agents and new strata owners in Joint Management Bodies (JMB) and Management Corporations (MC). The Strata Management Act 2013 (SMA), Strata Management (Maintenance & Management) Regulations 2015 and Strata Titles Act 1985 (STA) regulate the management and maintenance…

The COVID-19 pandemic will undoubtedly have a significant and long-term impact on the Malaysian and global economy. Many individuals as well as businesses in Malaysia have been and will be severely affected, resulting in individuals, sole proprietors, partnerships and companies being unable to meet their debts. On the other hand, many are facing debt recovery…

On 20 May 2020, we published a post on Strata Management during the Conditional Movement Control Order (CMCO). On 7 June 2020, the Government announced that the CMCO will be replaced with the Recovery Conditional Movement Control Order (RMCO) from 10 June 2020 to 31 August 2020. On 10 June 2020, the Ministry of Housing…

By Christine Toh  On 9.6.2020, our Partner, Christine Toh from the firm’s Dispute Resolution and Construction Department was invited by the Malaysian Water Association to speak on “Construction Contracts and the Aftermath of the MCO”. Christine began the presentation by discussing force majeure clauses by making reference to case law as well as various standard…

The Court of Appeal in Likas Bay Precinct Sdn Bhd v Bina Puri Sdn Bhd [2019] 3 MLJ 244, held that a successful claimant in adjudication proceedings is not required to enforce the adjudication decision before issuing a statutory notice of demand. However, in ASM Development (KL) Sdn Bhd v Econpile (M) Sdn Bhd (Case…

The Malaysian courts have recognised cryptocurrency as a security and a commodity. In the case of Luno Pte Ltd & Another v Robert Ong Thien Cheng (Civil Suit No. BA-B52NCVC-389-12/2017), the Shah Alam Sessions Court held that cryptocurrency falls within the ambit of “anything” under Section 73 of the Contracts Act 1950 (“CA 1950”) as…

Wednesday, 17 June, 2020 3:00 pm – 3:45 pm  Contract Law for Construction Consultancy Agreements   About this talk As an architect, engineer, quantity surveyor or interior designer, do you understand how contract law applies to your construction consultancy agreements? Do you know how CIPAA is relevant to construction consultancy contracts and disputes? Join us…

By John Chan On 21 May 2020, the Federal Court dismissed JMB Menara Rajawali and Denflow Sdn Bhd’s (Applicants/Defendants) application for leave to appeal to the Federal Court against the Court of Appeal’s decision in favour of Muhamad Nazri Bin Muhamad (Respondent/Plaintiff). Previously on 4 October 2019, the Court of Appeal in its landmark decision…