Property Law
LAND LAW – WAYLEAVE – COMPENSATION
Can TNB enter my private property to build and maintain cabling? Can I say no? What’s the right to wayleave?
11 April ,2022
Yew Huoi, How & Associates | Leading Malaysia Law Firm
News and Updates
Property Law
LAND LAW – CAVEATS– CAVEATABLE INTEREST
Who can enter a private caveat? How can I remove private caveats wrongfully entered on my property?
7 March ,2022
Property Law
REAL PROPERTY GAINS TAX – SALE OF SHARES OF COMPANY THAT OWNS LAND
Am I liable to pay real property gain tax (RPGT) for selling shares of a company which owns land. Why am I liable when I am not selling the land?
19 January ,2022
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Recent Legal Updates
NEGLIGENCE – HOTEL LIABILITY: UNVEILING THE LEGAL RISKS IN NEGLIGENCE AND VICARIOUS LIABILITY CASES
9 September ,2024
In the hospitality industry, the duty of care owed by hotels to their guests is paramount. This legal update explores a scenario where a hotel’s failure to safeguard access to guest rooms leads to tragic consequences. It examines the potential negligence claim against a hotel employee and the broader implications of vicarious liability for the hotel and its owners. Drawing on relevant case law, we delve into the essential elements of negligence and the circumstances under which a hotel can be held responsible for the actions of its staff.
FAMILY LAW – DIVISION OF MATRIMONIAL ASSETS
9 September ,2024
Many people have this false conception that all assets of the husband including EPF, shares and monies will be divided equally when there is a divorce.
What is the law that governs division of matrimonial assets in Malaysia?
PROPERTY LAW – LEGAL IMPLICATIONS OF SALE AND PURCHASE AGREEMENT BREACHES AND THE RIGHT TO OFFSET IN MALAYSIAN PROPERTY TRANSACTIONS
9 September ,2024
In the realm of Malaysian property transactions, the intricacies of Sale and Purchase Agreements (SPAs) and the enforcement of Liquidated Ascertained Damages (LAD) play pivotal roles in safeguarding the interests of both developers and purchasers. This article delves into the legal framework governing the rights and obligations of parties involved in property transactions, particularly focusing on the consequences of contractual breaches and the conditions under which a purchaser can exercise the right to offset against LAD. Through the examination of relevant case law and statutory provisions, we illuminate the legal pathways available for resolving disputes arising from the failure to adhere to the terms of SPAs, thereby offering insights into the equitable administration of justice in the context of Malaysian property law.
WINDING-UP – OFFICIAL RECEIVER AND LIQUIDATOR (“ORL”)
9 September ,2024
In cases of compulsory winding up, the court would appoint a liquidator under s.478 of the Companies Act 2016 (“CA 2016”) to expeditiously recover and realise the assets of the wound-up company for the distribution of dividends to creditors and administer any outstanding matters involving………..
CONSTITUTIONAL LAW – ANTI-TRAFFICKING IN PERSONS AND ANTI-SMUGGLING OF IMMIGRANTS – CONSTITUTIONAL CLASH: EXAMINING LEGISLATIVE OVERREACH IN EVIDENCE LAW – PRIMA FACIE EVIDENCE
9 September ,2024
This update scrutinizes the constitutionality of Section 61A of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007, focusing on whether Parliament violated the separation of powers by defining prima facie evidence, and the judiciary’s role in upholding constitutional integrity.
EMPLOYMENT – TERMINATION TANGLES: WHEN PERFORMANCE REVIEWS PRECEDE CONTRACT ENDINGS
9 September ,2024
This update examines the contractual obligations of initiating a performance review before terminating an agreement. It highlights the importance of following procedural steps and providing specific reasons for termination, as illustrated in the case of X and Y.
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