Author Archives: admin

Federal Court : LAD for late delivery of home to be calculated from the date of payment of booking fee

By Joseph Cheah In a landmark decision by the Federal Court on 19th January 2021, the Court held that if the developer fails to deliver vacant possession within the stipulated time, the calculation of the Liquidated Ascertained Damages (“LAD”) shall begin to run from the date of payment of the booking fee. A.     [Read More]

Esports Tournament Organizers: Legal Matters You Should be Aware of

By Joseph Cheah   When Malaysia implemented lockdown in March last year, we saw a spike in online esports tournaments. This comes as no surprise as more people are stuck at home, and arguably more time on their hands. Putting together an online tournament is also generally ‘easier’ as compared to in-person tournaments, where you[Read More]

Can You Return a Product That You Wrongly Bought?

By Joseph Cheah   Microsoft have had the following gaming consoles in the market: Xbox One X (discontinued around 16th July 2020) Xbox One S All-Digital (discontinued around 16th July 2020) Xbox One S (available for purchase) Xbox Series X (available on 10th November 2020) Xbox Series S (available on 10th November 2020) The above[Read More]

Charging Double Rent the Correct Way

By Joseph Cheah   If a tenant refuses to move out upon the expiry of the tenancy, the landlord is entitled to charge double rent. Section 28(4)(a) of the Civil Law Act 1956 provides: “Every tenant holding over after the determination of his tenancy shall be chargeable, at the option of his landlord, with double[Read More]

Reliefs under the COVID-19 Bill

By Khoo Thean Chiap   The Malaysia government has finally tabled its Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (COVID-19) Bill 2020 (“Covid-19 Bill”) in Parliament. It seeks to address contractual and statutory issues arising from COVID-19, including modifying 16 existing laws such as the Limitation Act 1953, Insolvency Act 1967, Consumer[Read More]

Esports players – employee or not?

By Joseph Cheah   The employer-employee relationship is governed by legislations and its contract of employment. It is mandatory that both employer and employee contribute to inter alia the Employees Provident Fund (“EPF”) and the Social Security Organisation (“SOCSO”). An employee who is terminated have a right to bring an action under the Industrial Relations[Read More]

Corporate Rescue Mechanism: Judicial Management

By Gan Jer Nynn   The judicial management (“JM”) is another Corporate Rescue Mechanism available under the Companies Act 2016. This temporary court-supervised rescue mechanism is applicable for a company in financial distress to facilitate the rehabilitation or the restructuring of the company.

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