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The CLJLaw Team

The CLJLAW Team

    CASES OF THE WEEK

  • LEMBAGA PEMBANGUNAN INDUSTRI PEMBINAAN MALAYSIA v. KONSORTIUM JGC CORPORATION & ORS (SUED AS INCORPORATED PARTNERSHIP)
    COURT OF APPEAL, PUTRAJAYA
    ABDUL WAHAB PATAIL JCA, ANANTHAM KASINATHER JCA, MOHAMAD ARIFF YUSOF JCA
    [CIVIL APPEAL NO: W-01-797-2010]
    30 DECEMBER 2014

    REVENUE LAW: Income tax - Interpretation of - Levy - Levy under Lembaga Pembangunan Industri Pembinaan Malaysia Act 1994 ('CIDB Act') - Whether levy had to be paid for 'offshore works' or 'non-construction works' - Determining meaning of 'construction works' - Extra-territorial effect of the CIDB Act

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  • LOW CHIN MENG v. CIMB ISLAMIC BANK BHD
    COURT OF APPEAL, PUTRAJAYA
    ROHANA YUSUF JCA, DRUS HARUN JCA, ABDUL RAHMAN SEBLI JCA
    [CIVIL APPEAL NO: W-02(MUA)(W)-273-02-2014]
    29 DECEMBER 2014

    BANKING: Islamic banking - Loan facility - Al Bai Bithaman Ajil - Default - Claim against guarantor - Whether memorandum of deposit of securities operated as guarantee document - Whether constituted contract of guarantee under s. 79 of Contracts Act 1950 - Inconsistencies in documents - Whether contra preferentem rule applied - Whether there was compliance with ss. 67 and 67A of Companies Act 1965 - Whether share sale and share repurchase transactions were sham and illegal - Whether court had properly referred to Syariah Advisory Council for rulings - Central Bank of Malaysia Act 2009, s. 56(1)

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  • UDA HOLDINGS BHD v. BISRAYA CONSTRUCTION SDN BHD & ANOR AND ANOTHER CASE
    HIGH COURT MALAYA, KUALA LUMPUR
    MARY LIM J
    [ORIGINATING SUMMONS NO: 24C-6-09-2014 & 24C-5-09-2014]
    5 DECEMBER 2014

    ARBITRATION: Jurisdiction - Disputes - Disputes on non-payment of claims and rates before 15 April 2014 referred to arbitration - Construction Industry Payment and Adjudication Act 2012 ('Act') came into force on 15 April 2014 - Whether adjudicator had jurisdiction to hear and decide disputes that arose before 15 April 2014 - Whether there were express prescriptions in Act on limit of applicability of Act - Whether Act to be applied retrospectively or prospectively - Whether substantive rights would be affected by retrospective application of Act - Intention of Parliament

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  • BUMI ARMADA NAVIGATION SDN BHD v. MIRZA MARINE SDN BHD
    HIGH COURT MALAYA, KUALA LUMPUR
    WONG KIAN KHEONG JC
    [ORIGINATING SUMMONS NO: 24NCC-23-01-2015]
    20 MAY 2015

    ARBITRATION: Reference of dispute - Interim relief - Whether court may grant interim relief pending disposal of arbitration - Whether court may give interim injunction before commencement of arbitral proceedings - Elements to be proven for interim relief - Arbitration Act 2005, s. 11(1)

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  • ARTICLE HIGHLIGHT

    Trouble in the basement: whose responsibility, contractor or engineer?

    Negligence
    Engineers duty to warn and responsibilities in relation to permanent and temporary works design
    In a judgment handed down today, the Technology and Construction Court has (a) rejected an attempt to extend the law in respect of an engineer's duty to warn and (b) clarified an engineer's responsibilities in relation to permanent and temporary works design. Mr E Goldswain and Miss J Hale v (1) Beltec Limited (trading as BCS Consulting) (2) AIMS Plumbing and Building Services Limited [2015] EWHC 556 (TCC).

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  • Landmark High Court decision on proportionate liability

    Insurance
    High Court curtails reach of proportionate liability regime
    In a landmark decision which will have far reaching ramifications and be warmly received by plaintiff lawyers, the High Court has curtailed the reach of the proportionate liability regime. This development should certainly be brought to the attention of all property and financial lines underwriters and claims managers.

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