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Introduction A separate legal entity – or rather, a corporate veil – exists to separate a corporate entity from its incorporators upon incorporation. Citing the century-old case Solomon v A Solomon & Co Ltd,(1) Justice Nallini Pathmanathan stated the following in Ong Leong Chiou v Keller (M) Sdn Bhd:(2) The juristic principle comprising the bedrock of company law is the legal fiction that on incorporation, the corporate entity is clothed with a separate and distinct personality. It is a legal person distinct from its members.(3) It is also well established that the corporate veil can be lifted or pierced when the corporation is used for fraudulent, dishonest and unlawful purposes. ....
Introduction The year 2019 witnessed a myriad of statutory adjudication disputes in Malaysia. The surge in the number of disputes involving the statutory adjudication mechanism in the Construction Industry Payment and Adjudication Act (CIPAA) 2012 also led to a significant number of consequential challenges to adjudication decisions in the courts. This article highlights the notable decisions handed down by the Malaysian courts in 2019 and their effect on the future application of the CIPAA. Prospective effect of CIPAA The following noteworthy appeals marked the beginning of a dramatic departure from the retrospective effect of the CIPAA observed since its enactment in April 2014: Jack-In Pile (M) Sdn Bhd v Bauer (M) Sdn Bhd ([2020] 1 MLJ 174); and ....