In March 2012, the Construction Industry Payment and Adjudication Act 2012 (CIPAA) was passed, introducing the concept of statutory adjudication to the construction industry to resolve payment disputes. Further developments in the construction industry include a specialist court dedicated for the construction industry, which is currently in the works.
Prior to 29/12/06 the test for medical negligence accepted by the Courts in Malaysia was generally known as the Bolam Test or the Bolam Principle. This test was applied to determine the doctor’s standard of care in relation to the treatment and information given to the patient. However, the Federal Court on 29/12/06 in its judgment in the case of Foo Fio Na v Dr. Soo Fook Mun & Anor [2007] 1 MLJ 593 declared inter alia, that the Bolam Test is no longer applicable. The question of law which was posed for the determination of the Federal Court was whether the Bolam Test in the area of medical negligence should apply in relation to all aspects of medical negligence. The Federal Court answered the question in the negative.
MahWengKwai & Associates offers you a personalised will writing service. Our lawyers will answer your questions, advise you and help you to write your will to suit your circumstances and your wishes. If you so require, you may also deposit your original will with us for safe-keeping.
The Malaysian legislature has introduced a new Section 114A into the Evidence Act 1950. This amendment will significantly impact the law governing internet publications by persons in Malaysia, including news reporting, blogging and interactions in the social media. The amendment will allow the prosecution or a plaintiff to rely on a presumption of fact to prove the identity of the person responsible for an internet publication. Essentially, the internet user identified in the amendment is deemed to be the publisher of content, unless the user proves otherwise. The burden of proof has shifted.
The 26th Sultan Azlan Shah Law Lecture was delivered by Lord David Pannick, QC entitled “Scandalising the judiciary: criticism of judges and the law of contempt” on 5 September 2012 at the Mandarin Oriental Hotel to a crowd of approximately 1,000 people from the legal fraternity.
The petitioners applied under section 308(5) of the Companies Act 1965 to have the name of the company restored to the register. The name of the company had been struck off the register by the respondent for the failure to file its annual returns since 1999. Although the application …
The learned Senior Assistant Registrar (SAR) had granted 8% interest rate on the amended order from assessment of damages. The execution debtor (‘ED’) was ordered by the registrar to pay the sum of RM 2,000,000 being the loss on the value of the execution creditor’s property to the executive …
By a letter of award dated 4.4.1998 (‘contract’), the defendant appointed the plaintiff as its contractor to supply, deliver and install furniture for the hotel rooms and corridors of the defendant’s hotel known as Goldcourse Hotel Resort (‘hotel’). The defendant had in its counterclaim claimed that …
The Government of India and Cairn Energy Indian Pty Ltd entered into an oil and gas joint venture, ie. a Production Sharing Contract (“PSC”). The PSC was governed by Indian law while the arbitration agreement was governed by English law. The arbitration proceedings were to be governed …
By a letter of award dated 4.4.1998 (‘contract’), the defendant appointed the plaintiff as its contractor to supply, deliver and install furniture for the hotel rooms and corridors of the defendant’s hotel known as Goldcourse Hotel Resort (‘hotel’). The defendant had in its counterclaim claimed that …
There are 3 applications before me, enclosure (5) is in respect of the plaintiff’s application for a Mareva injunction against the defendant; enclosure (14) is in respect of the defendant’s application to set-aside the ex parte Mareva injunction obtained by the plaintiff against the defendant …
Raymond Mah graduated from the University of Queensland, Australia in 2003 with a double degree in Economics and Law. He completed his CLP in 2004 and was admitted to the Bar in August 2005. He is a partner practising in a medium sized firm in Kuala Lumpur and is now in his fourth year of practice. His area of practice is primarily general civil litigation. Raymond who enjoys photography and the outdoors shared some of his thoughts with Valerie Choo on issues affecting professional practice and the administration of justice.
The plaintiff and defendant entered into a construction contract for a sum of RM56,586,000. Pursuant to the contract, the plaintiff provided the defendant with a bank guarantee of RM4,895,160.00 for the design of the works. On 30 June 2003, the plaintiff received a letter from the bank informing …
