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

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. ....

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Statutory oppression action: apex court confirms that remedies may extend to directors and third parties

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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Section 30 of CIPAA – road less travelled has now widened

While most companies which have obtained an adjudication decision in their favour choose to apply for said decision to be enforced via Section 28 of the Construction Industry Payment and Adjudication Act (CIPAA), the less-travelled road of demanding payment for an adjudication decision via Section 30 of the CIPAA is proving to be another effective recourse for payment – as evidenced by a recent high court decision. ....

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Housing developers beware – aftermath of PJD

On 19 January 2021 the Federal Court delivered a landmark decision in
PJD Regency Sdn Bhd v Tribunal Tuntutan Pembeli Rumah.(1) The apex court decided that in the event of delay of delivery of vacant possession for Schedule G and H-type contracts under Regulation 11(1) of the Housing Development (Control and Licensing) Regulations (HDR) 1989, the timeframe for calculating liquidated and ascertained damages (LADs) begins from the date of payment of the booking fee, not the date of the sale and purchase agreement (for further details please see Housing developers beware – Federal Court upholds
This article focuses on
PJD s impact on housing developers with respect to their completed and ongoing housing projects under Schedules G and H of the HDR. ....

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Who has the right to sue a consultant?

Introduction
Every construction project has at least one consultant appointed by a developer (also known as an employer of the project). While the types of consultant and their respective roles may differ from project to project, a consultant s role generally includes the certification of work and progress. In most instances, this also requires the consultant to certify the amount payable for work done and the amount payable by the employer to the main contractor. A payment certificate will be issued thereafter.
As cashflow is crucial for main contractors in any ongoing construction project, prompt and expeditious payments by the employer are often expected. However, if the main contractor is dissatisfied with the payment certificate, can the main contractor sue the consultant for negligence? The Court of Appeal addressed this question in a recent case commenced by PCP Construction Sdn Bhd against L3 Architects Sdn Bhd.(1) In its decision, the Court of Appeal unanimously ....

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