VIEW ESTEEM SDN BHD v. BINA PURI HOLDINGS BHD [2019] 5 CLJ 479
Brief Facts The appellant (View Esteem Sdn Bhd) was the developer of a block of condominiums and had appointed the respondent (Bina Puri Holdings Bhd) as the contractor. Pursuant to the Construction Industry Payment and Adjudication Act 2012 (“CIPAA”), the respondent had issued a Payment Claim against the appellant and the appell
CUBIC ELECTRONICS SDN. BHD. (IN LIQUIDATION) V. MARS TELECOMMUNICATION SDN. BHD. [2019] 2 CLJ 723
Brief Facts Cubic Electronics Sdn. Bhd. (“the Defendant”) was the owner of a piece of land on which stood a plant and machineries (“the Properties”). Following the winding up of the Defendant, the Properties were put up for sale by way of an open tender exercise. Before the tender exercise could be carried out, the […]
JACK-IN PILE (M) SDN BHD v. BAUER (MALAYSIA) SDN BHD & ANOTHER APPEAL [2020] 1 CLJ 299
Brief Facts The appellant (Jack-In Pile (M) Sdn Bhd) in these appeals was a contractor appointed by the respondent (Bauer (M) Sdn Bhd) by a letter of award dated 16 March 2011 as its subcontractor for a project (‘the project’). Under clause 11.1 of the agreement, all payments to the appellant shall only be made […]
Divorce, to file or not to file?
To begin with, Section 4 of the Law Reform (Marriage And Divorce) Act 1976 (hereinafter referred to as “LRA”) provides that a subsisting marriage shall only be dissoluble by the LRA. There are 3 instances where a marriage could be dissolved:- (a) by the death of one of the parties; or (b) by order of […]
Can a Consent Judgment be Challenged?
A consent judgment is a judgment recorded or entered before a Judge or Court by consent of parties. It is basically an order or judgment based on a settlement or agreement of parties. In practice, normally, a consent judgment is entered after a successful mediation. The Judge or the Court does not decide on the […]