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Can the monies in the maintenance account and sinking fund account be garnished?

CASE UPDATE: TRANSPACC PROPERTY MANAGEMENT SDN BHD V BADAN PENGURUSAN BERSAMA PANGSAPURI AMAN LARKIN & ANOR [KUALA LUMPUR HIGH COURT CIVIL APPEAL NO. BA-12ANCVC-110-07/2021] Facts The Appellant is a company . . .

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Minimum Wage Order 2022 Kicks In on 1 May 2022

The Minimum Wage Order 2022 (“MWO”) is gazetted and due to be enforced on 1 May 2022, effectively superseding the Minimum Wage Order 2020. The key changes are as follows: – Monthly minimum . . .

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Whether it is illegal for Developer or MC to impose different rate of charges at a mixed development?

YII SING CHIU v AIKBEE TIMBERS SDN BHD & 2 ORS [KUALA LUMPUR HIGH COURT ORIGINATING SUMMONS NO: WA-24NCVC-2452-12/2020] [UNREPORTED] Facts: The Plaintiff is an owner of a condominium unit . . .

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Ang Ming Lee Distinguished by the Court of Appeal in Obata-Ambak Holdings Sdn Bhd v Prema Bonanza Sdn Bhd

(Civil Appeal No. W-02(IM)(NCvC)-1204-06/2021 and Civil Appeal No. W-02(IM) NCvC)-1205-06/2021) Introduction These 2 appeals lodged in the Court of Appeal stemmed from from an action filed by purchasers in a . . .

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Is a liquidator duty-bound to carry out the obligations of a developer?

Re Bandar Kinrara Properties Sdn Bhd (In Liquidation) [2021] 6 CLJ 599 The Respondent, Bandar Kinrara Properties Sdn Bhd (developer of Duet Residence) was wound up and subsequently liquidators were . . .

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A quicker and more comprehensive arbitration (key changes in the AIAC Arbitration Rules 2021)

The Asian International Arbitration Centre [“AIAC”] has launched the AIAC Arbitration Rules 2021 [“2021 Rules”] which took effect and is applicable to all arbitral proceedings commenced after 1st August 2021. . . .

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What determines the category of tariff to be imposed by TNB on a stratified development?

HILIRAN JUARA SDN BHD V TENAGA NASIONAL BHD [2021] 1 CLJ 565 Facts: The plaintiff / respondent (TNB) supplied electricity to a Project known as ‘Pangsapuri Anggerik which comprised of . . .

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Illegal and Unenforceable SPA: The Aftermath of Ang Ming Lee

UE E&C Sanjia (M) Sdn Bhd v. Lee Jeng Yuh & Anor And Another Appeal [2021] 10 CLJ 271 FACTS: The Plaintiffs were purchasers of a residential housing project developed . . .

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MC has no power to supply natural gas

Court of Appeal Civil Appeal No. W-01 (NCVC) (A)-480-09/2020 SOLARIS DUTAMAS MANAGEMENT CORPORATION v ENERGY COMMISSION OF MALAYSIA AND GAS MALAYSIA BERHAD FACTS: A letter dated 15.7.2019 was issued to . . .

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Case Update: No Obligation to Plead Reinstatement as a Remedy in the Industrial Court

SANBOS (MALAYSIA) SDN BHD V GAN SOON HUAT [2021] MLJU 498 The Court of Appeal has held that the requirement to plead reinstatement as a remedy is only material at . . .

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