Was there a conflict of interest in having the same legal firm represent the Investigation Committee of MIA and MIA at different proceedings? Case: NG YEE HONG v. MALAYSIAN INSTITUTE OF ACCOUNTANTS [2021] 1 CLJ 666 Brief Facts: Ng Yee Hong (“Ng”) was a professional accountant and a member of the Malaysian Institute of AccountantsRead more
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When a developer delays in handing over vacant possession of a property, when does the calculation of liquidated damages begin from? Is it the date of the payment of the booking fee or the date of the sale and purchase agreement? Case: PJD REGENCY SDN BHD v. TRIBUNAL TUNTUTAN PEMBELI RUMAH & ANOR [2021] 1Read more
Which takes precedence? Is it the contents of an agreement which state who owns the property or the contents of the register document of title? Case: LEONG WAI CHOONG & ORS v. MAH GUAT ENG & ANOR [2020] 1 LNS 1142 Brief Facts: A property held under an individual title in Kuala Lumpur (“Property”) wasRead more
Can a person who has given a property by way of a gift claim caveatable interest over the said property subsequently? Case: HANNAH KAM ZHEN YI v. TAN SRI DATO’ KAM WOON WAH & ANOR AND ANOTHER APPEAL [2020] 1 LNS 926 Brief Facts: A property held under Grant No. 36830 for in Lot 4837Read more
Can a purchaser of an auction property claim trespass on the basis that it was unaware of the existence of retention pond and structures on the auction land? Case: BAYANGAN SEPADU SDN BHD v. JABATAN PENGAIRAN DAN SALIRAN NEGERI SELANGOR & ORS [2020] 10 CLJ 321 Brief Facts: Bayangan Sepadu Sdn Bhd (“Purchaser”) had purchasedRead more
Can a management corporation suspend the usage of the common facilities or common services due to arrears owing by a proprietor, which arrears are disputed by the proprietor? Case: PERBADANAN PENGURUSAN 3 TWO SQUARE v. 3 TWO SQUARE SDN BHD [2020] 1 LNS 1377 Brief Facts: Perbadanan Pengurusan 3 Two Square is the management corporationRead more
Can a purchaser claim for the potential loss of profit on a property successfully bid at an auction if the property bid is subsequently claimed by someone else later? Case: PENDAFTAR HAKMILIK PEJABAT TANAH DAN GALIAN SELANGOR & ANOR v. LAU YONG YING [2020] 5 CLJ 164 Brief Facts: Lau Yong Ying (“Lau”) had successfullyRead more
Can the courts grant an extension of time for completion of a contract which performance has been delayed or hindered due to the movement control order? Case: HO KEAN PIN v. MALAYAN BANKING BERHAD & ANOR [2020] 1 LNS 1107 Brief Facts: Ho Kean Pin (“Ho”) is the successful bidder at a public auction carriedRead more
If there was late delivery of a property to the buyer, should damages for late delivery be calculated from the date of the sale and purchase agreement or the date the booking fee was paid? Case: SRI DAMANSARA SDN BHD v. VOON KUAN CHIEN & ANOR [2020] 5 CLJ 619 Brief Facts: Sri Damansara SdnRead more
Can the management corporation of a building enact house rules to prohibit short-term rentals? Case: INNAB SALIL & ORS v. VERVE SUITES MONT’ KIARA (CIVIL APPEAL NO: 02(i)-74-10/2019(W) Brief Facts: Innab Salil and others (“Said Proprietors”) have let out their apartment units (“Premises”) in Verve Suites (“Building”) for short-term rental. The Management Corporation ofRead more
