PROPERTY LAW— LAND ACQUISITIONS — COMMON PROPERTY — COMPENSATION
Can State Government acquire the common property of your condo for development? What is the Management’s right?
News and Updates
Can State Government acquire the common property of your condo for development? What is the Management’s right?
Can another party who enters a contract with you terminate the contract without any valid reason? Is that a breach of contract?
Can newly appointed directors be held accountable for all the taxes that have been accumulated over the past few years before his appointment?
The significance of making a will cannot be overstated.
What happens if you die interstate or partially interstate?
How do you decide which High Court to go to enforce or set aside an arbitration award?
What is the right to citizenship of children born overseas to Malaysian mothers? Can they apply for their Malaysian citizenship?
Is Islamic Financing facility i.e. Bai Bithaman Ajil (BBA) compatible with technicality in the Malaysia National Land code?
Can purchaser of a condominium terminates an SPA if the developer fails to deliver vacant possession within 36 months?
A recent High Court ruling involved a plaintiff who suffered severe brain damage after an emergency caesarean section at 33 weeks of pregnancy due to alleged medical negligence. The court examined whether the medical team breached their duty of care by failing to properly monitor the patient, resulting in oxygen deprivation and irreversible damage. The defendants, including doctors and nurses, were found liable for not acting on clear warning signs, leading to significant damages awarded to the plaintiff for her physical and mental disabilities.
A recent High Court ruling involved a plaintiff who suffered severe brain damage after an emergency caesarean section at 33 weeks of pregnancy due to alleged medical negligence. The court examined whether the medical team breached their duty of care by failing to properly monitor the patient, resulting in oxygen deprivation and irreversible damage. The defendants, including doctors and nurses, were found liable for not acting on clear warning signs, leading to significant damages awarded to the plaintiff for her physical and mental disabilities.
The Court of Appeal ruled in The Fjord Wind case that the vessel was unseaworthy at the time of departure from Rosario on 30.06.1990, due to known issues with the crankpin bearings that had not been adequately addressed. This unseaworthiness led to a main engine failure shortly after departure, necessitating the transhipment of cargo and incurring additional costs.
The court found the shipowners liable for damages, emphasizing their failure to exercise due diligence in maintaining the vessel’s seaworthiness. The ruling underscores the critical importance of thorough inspections and repairs in maritime operations, highlighting the legal responsibilities of shipowners to prevent unseaworthiness and related liabilities.
In a recent legal dispute, the classification of centralized air conditioning facilities (CACF) as common property has come under scrutiny. The Plaintiff, a parcel owner in Tower A of Menara UOA Bangsar, challenged the Management Body’s use of maintenance funds for the upkeep of CACF, which primarily benefits parcels in Tower B. The court is likely to dismiss the Plaintiff’s claim, reinforcing the principle that as long as CACF serves two or more occupiers, it is deemed common property, thus falling under the Management Body’s purview without requiring reimbursement from individual parcel owners.
This update discusses the equitable division of matrimonial assets in divorce proceedings, focusing on the valuation of property and income. It highlights the court’s decision to fairly allocate assets between the parties, including property value and business income.