PROPERTY LAW – EXTENSION – DELIVERY – VACANT POSSESSION – LIQUIDATED ASCERTAINED DAMAGES
“Housing Development – Extension of Time for Vacant Possession and Liquidated Ascertained Damages (LAD)”
Berita Terkini
“Housing Development – Extension of Time for Vacant Possession and Liquidated Ascertained Damages (LAD)”
The Light Rail Transit (LRT) mishap that occurred recently has raised many questions. Among them is what are the duty of care of public bodies in such circumstances.
Loan repayment, creditworthiness and how to better manage your loans
Deadlock among co-proprietors – Termination of joint ownership
Defamation – Parliamentary proceeding is protected by absolute privilege
Can landowner demand TNB to cut electricity to squatters or illegal occupiers?
How do I improve my chances of getting housing loan from the banks?
Performance and Impact of Contractual Obligations – Frustration – Covid-19 – Total Lockdown
What you should do when you receive a Letter of Demand?
In a landmark decision in Aikbee Timbers Sdn Bhd & Anor v Yii Sing Chiu & Anor and another appeal [2024] 1 MLJ 94 , the Court of Appeal clarified the rules on maintenance charges and sinking fund contributions in mixed strata developments. Developers and management corporations can impose different rates based on the distinct purposes of residential and commercial parcels. The judgment emphasizes fairness, ensuring residential owners bear the costs of exclusive facilities like pools and gyms, while commercial owners aren’t subsidizing amenities they don’t use. This ruling highlights the importance of transparency in budgeting and equitable cost-sharing in mixed-use properties.
Can a simple loan lead to a legal battle over property ownership? This case reveals how improper security arrangements and high-interest rates can turn financial help into a courtroom showdown, highlighting the critical importance of understanding loan agreements and compliance with the law.
In a pivotal ruling, the Court of Appeal clarified that finder’s fee agreements are not automatically void under the Valuers, Appraisers, Estate Agents and Property Managers Act 1981. The Court emphasized that illegality must be specifically pleaded and supported by evidence, and isolated transactions do not trigger the Act’s prohibition. This decision highlights the importance of precise pleadings and a clear understanding of the law’s scope.
In a decisive ruling, the Federal Court clarified the boundaries between personal shareholder oppression and corporate harm, overturning the Court of Appeal’s findings. The Court held that claims tied to the wrongful transfer of trademarks belonged to the company, not the individual shareholder, reaffirming that corporate harm must be addressed through a derivative action rather than an oppression claim.
In a stark reminder of the consequences of corporate betrayal, the court found that the directors had systematically dismantled their own company to benefit a competing entity they controlled. By breaching their fiduciary duties, conspiring to harm the business, and unjustly enriching themselves, the defendants were held accountable through significant compensatory and exemplary damages, reaffirming the critical importance of trust and integrity in corporate governance.
In The Sea Justice cases [2024] 2 Lloyd’s Rep 383 and [2024] 2 Lloyd’s Rep 429, the Singapore courts tackled a key question: which country should handle a maritime dispute when incidents span international waters? After examining the location of the collision, existing limitation funds in China, and witness availability, the courts concluded that China was the more appropriate forum. This ruling highlights that courts will often defer to the jurisdiction with the closest ties to the incident, ensuring efficient and fair handling of cross-border maritime disputes. This approach is also relevant in Malaysia, where similar principles apply.