MAINTAINING CONFIDENTIALITY IN COURT PROCEEDINGS
Court proceedings, by their very nature, are public. Even documents filed in Court are publicly accessible. This creates a bit of a dilemma when documents are required to be filed in Court, but at the same time there may be confidential information involved in those documents. How then can on go about to protect that […]
Construction Law Malaysia: Earned Value vs Measured Mile to Claim Loss of Productivity
Stumbling Blocks to Mediation
Fact: Mediation has been proven effective in other jurisdictions, provides tremendous savings in terms of time and costs, and yet has not entirely been adopted by construction industry players in Malaysia. Why? Could it be that there is a lack of understanding about mediation? Perhaps so. This is because the word “mediation” has been used […]
ASM Development v Econpile: s 16 CIPAA clarified
Contracting with a dormant company
What happens when one contracts with a dormant company, and that dormant company thereafter defaults in its obligation? Such was the situation that the appellants in Lai Fee & Anor v Wong Yu Vee & Ors [2023] 3 MLJ 503, FC found themselves to be in. The appellants were partners in a business (FAVE) with […]
Benefits and burdens under a contract
A contract is simply a legal document that confers certain benefits and imposes certain burdens on the contracting parties. Hence, in the simplest example, a sale and purchase agreement for a property imposes the burden on the seller to transfer the property to the purchaser, and confers the benefit to the seller to receive the […]
Likas Bay, The Saga Continues
Construction Law Malaysia: When Expert Witness Fails to Attend Court
Resign then sue for constructive dismissal? Employees who want their cake and eat it too
This is a write-up on the case of Matrix Global Education Sdn Bhd v Felix Lee Eng Boon [2023] 2 CLJ 34. FACTS: Mr. Felix Lee Eng Boon (Employee) was relieved of his duties as CEO of Matrix Global Schools (MGS) (Company) due to declining academic standards and a drop in the quality of education, leading […]