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 >

Can statistical data not premised on words be found to be defamatory in nature? Case: SUN MEDIA CORPORATION SDN BHD v. THE NIELSEN COMPANY (MALAYSIA) SDN BHD [2020] 7 CLJ 751 Brief Facts: Sun Media Corporation Sdn Bhd (“Sun Media”) was the publisher of a newspaper called ‘the Sun’.   Nielsen Company (Malaysia) Sdn BhdRead more >