Antisuit injunction Whether a jurisdiction clause has been agreed or incorporated – Article 10 Rome I Regulation (Regulation (EC) No 593/2008) Plea of non est factum – whether valid Plea of uncertainty Master Richard Davison held : – – Salvage claim will be awarded when there is clear salvage of a vessel. – As a…
Article 1(4) Limitation Liability Res Judicata Mrs Justice Cockerill DBE held : – – An order cannot be challenged when it is unambiguous. – Cause of action estoppel operates when there is a lack of cause of action under Section 185 of the Merchant shipping Act 1995. – The issue estoppel only arises when the…
Express terms of contract Unilateral Power to charge Supplemental Agreement Quantum Meruit Estoppel by representation Reasonableness of Period Toll (within Section 60 of the Medway Ports Authority Act 1973 or is it a penalty? Statutory tripling Master Richard Davison held : – – Commercially viable in enforcing the period toll which is being claimed from…
Mr Justice Henshaw held : – – To be an affected area, there must be an generalised risk of quarantine or other restrictions being imposed similar to a blanket requirement that all vessels be required to quarantine for a fixed number of days regardless of the test results. – the BIMCO Additional Clause (h)(iii) contain…
Native Customary Rights (NCR) land disputes are a common issue in Sarawak and Sabah. For many local communities, NCR land is not just property but a part of their heritage, livelihood, and identity. Unfortunately, disagreements over ownership, boundaries, or development often arise. These disputes can be complex and emotionally charged, but with the right legal…
A. Introduction The Law Reform (Marriage and Divorce) Act 1976 (LRA 1976) governs civil marriages and divorces for non-Muslims in Malaysia. Central to its jurisdictional framework are sections 48 and 49, which determine when Malaysian courts can hear petitions for divorce and judicial separation. These provisions ensure that only cases with a sufficient connection to…
In Malaysia’s varied social landscape, Non-Profit Organizations (NPOs) are key figures of kindness, assistance, and influential transformation, playing a major role in different areas such as education, healthcare, environmental protection, and social services. These NPOs represent a concerted drive towards promoting inclusion, lasting sustainability, and comprehensive growth in communities, with a special emphasis on improving…
As everyone may be aware, following the introduction of the Insolvency Act 1967, a social guarantor can no longer be subjected to bankruptcy proceedings as Section 5(3) of the Insolvency Act provides absolute protection to social guarantors. Now what about non-social guarantors? Unlike social guarantors, non-social guarantors do not enjoy complete immunity from bankruptcy proceedings….
Real estate transactions in Malaysia, whether you’re buying your first home, investing in commercial property, or selling a family asset are often significant financial commitments. These transactions, while exciting, are also fraught with potential legal risks. Conducting thorough legal due diligence is essential to ensure a smooth process and protect your interests. What is Legal…
INTRODUCTION The Strata Management Act 2013 in Malaysia governs the management and upkeep of stratified residential properties. It aims to ensure that these properties are well-managed, and that residents, developers, and landowners have their rights and responsibilities clearly defined. However, a plethora of issues arises in the maintenance and management of stratified mixed developments i.e…
