CIVIL PROCEDURE – ACTION – CAPACITY TO SUE

Q: Can a Management Corporation (“MC”) or Joint Management Body (“JMB”) sue for defamation?

A: No. An MC’s and JMB’s powers are primarily for maintenance and management of common property. MC and JMB are entities created by the statute. They are not empowered by statute to maintain an action in defamation.

Q: What about the members of the management committee? If anyone defames the committee members, can the committee members institute legal proceeding for defamation against the person?

A: No. Members of the management committee only acts on behalf of the MC and JMB. Their powers are restricted to the powers of the MC and JMB. If the MC and JMB cannot maintain action for defamation against the individuals who defame them, the members of the management committee have no such powers either. In short, members of the management committee have no locus to sue in defamation.

Q: Can the members of the management committee then sue in their personal capacity?

A: Yes. If the members of the management committee are defamed personally, they can bring an action in their personal capacity. However, this defamation should not be rolled up as being defamatory to the management corporation or as members of the management committee.

ROAD TRAFFIC – DUTY OF DIRECTOR GENERAL OF ROAD TRANSPORT

In a legal spotlight, X’s acquisition of a cloned vehicle unknowingly, due to lapses in the Road Transport Department’s record-keeping, raises questions about statutory duties and public trust. The case underscores the importance of stringent vehicle registry maintenance to prevent ownership of unlawfully modified vehicles.

22 4 月 ,2024 尚無留言

INDUSTRIAL LAW – NAVIGATING THE LEGALITIES OF RETRENCHMENT

The dismissal of X by Company ABC, citing economic downturns, presents a compelling case on the complexities of employment termination and retrenchment legality. X contested his redundancy, claiming his role in property management and services was unaffected by the property development market’s challenges. This case probes into the legitimacy of retrenchment under economic duress and the employer’s duty to act in good faith, as guided by Section 20(3) of the Industrial Relations Act 1967. The burden rests on Company ABC to prove the necessity and genuineness of X’s redundancy, with failure to do so possibly leading to a verdict of unjustified termination. This scenario underscores the critical importance of evidence and intention in retrenchment cases, as reflected in precedents like Akilan a/l Subramanian v. Prima Awam (M) Sdn Bhd.

26 3 月 ,2024 尚無留言

PROPERTY LAW – LEGAL IMPLICATIONS OF SALE AND PURCHASE AGREEMENT BREACHES AND THE RIGHT TO OFFSET IN MALAYSIAN PROPERTY TRANSACTIONS

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.

28 2 月 ,2024 尚無留言

WINDING-UP – OFFICIAL RECEIVER AND LIQUIDATOR (“ORL”)

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………..

7 2 月 ,2024 尚無留言

JUDICIAL REVIEW – PROCEDURAL FAIRNESS AND LOCUS STANDI

This excerpt illuminates the foundational principles of judicial review as outlined in Order 53 of the Rules of Court 2012. It highlights the criteria for challenging public decisions on grounds of illegality, irrationality, or procedural impropriety. Central to the discussion is the question of timing in judicial review applications, particularly in cases of procedural unfairness. The practical scenario underscores the significance of a “decision” by the relevant authority as a prerequisite for locus standi, drawing insights from the case of Hisham bin Halim v Maya bt Ahmad Fuad & Ors [2023] 12 MLJ 714.

30 1 月 ,2024 尚無留言

CONTRACT LAW – CONTRACTUAL INTERPRETATION REMEDIES UNVEILED: DECIPHERING CONTRACTUAL CLAUSES AND LEGAL BALANCE

This legal updates explore the principles governing the interpretation of agreements, emphasizing the importance of clarity and unambiguity in contractual terms. It delves into a key issue involving restrictions on remedies for breach of contract, shedding light on the court’s commitment to upholding plain meanings. The illustrative scenario involving shareholders X and Y dissects a pertinent clause, showcasing the delicate balance between restricting remedies and ensuring fairness in legal proceedings.

22 1 月 ,2024 尚無留言

CIVIL PROCEDURE – ACTION – CAPACITY TO SUE

Recent Post

ROAD TRAFFIC – DUTY OF DIRECTOR GENERAL OF ROAD TRANSPORT

INDUSTRIAL LAW – NAVIGATING THE LEGALITIES OF RETRENCHMENT

PROPERTY LAW – LEGAL IMPLICATIONS OF SALE AND PURCHASE AGREEMENT BREACHES AND THE RIGHT TO OFFSET IN MALAYSIAN PROPERTY TRANSACTIONS

WINDING-UP – OFFICIAL RECEIVER AND LIQUIDATOR (“ORL”)

JUDICIAL REVIEW – PROCEDURAL FAIRNESS AND LOCUS STANDI

CONTRACT LAW – CONTRACTUAL INTERPRETATION REMEDIES UNVEILED: DECIPHERING CONTRACTUAL CLAUSES AND LEGAL BALANCE

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ROAD TRAFFIC – DUTY OF DIRECTOR GENERAL OF ROAD TRANSPORT

INDUSTRIAL LAW – NAVIGATING THE LEGALITIES OF RETRENCHMENT

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KUCHAI LAMA / KUALA LUMPUR
( MALAYSIA ) OFFICE

CIVIL PROCEDURE – ACTION – CAPACITY TO SUE

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法律资讯

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其他

KUCHAI LAMA / KUALA LUMPUR ( MALAYSIA ) OFFICE

KUCHAI LAMA / KUALA LUMPUR
( MALAYSIA ) OFFICE