WHAT IS LIQUIDATED ASCERTAINED DAMAGES (LAD)? LAD is a pre-agreed sum of money that parties to a contract agree to pay in case of a breach of contract. This pre-agreed sum is meant to compensate the non-breaching party for losses that would be difficult to calculate and prove if the breach occurred. LAD clauses are …
LIQUIDATED ASCERTAINED DAMAGES (LAD) IN MALAYSIA Read More »
INTRODUCTION Debt recovery is when one (Creditor) takes legal action to recover outstanding debts from individuals, enterprises, or other companies (Debtor) once there has been a breach in the terms of a contract or a refusal or delay on the debtor’s part in payment of the outstanding debts. Any action for debt recovery will include …
ANG MING LEE 7 ORS V MENTERI KESEJAHTERAAN BANDAR, PERUMAHAN DAN KERAJAAN AND OTHER APPEALS [2020] 1 CLJ 162, FEDERAL COURT Background facts The Developer, BHL Construction Sdn. Bhd. entered into a Sale and Purchase Agreement (“SPA”) with the Purchasers for the sale and purchase of Sri Istana Condominium units. The SPA was made pursuant …
CASE UPDATE – ANG MING LEE and BLUDREAM CITY DEVELOPMENT SDN BHD Read More »
Master Mulia Sdn Bhd v Sigur Rus Sdn Bhd [2020] 9 CLJ 213; [2020] 12 MLJ 198 Summary In Malaysia, Section 37 of the Arbitration Act 2005 (“AA 2005”) sets out the instances in which an arbitration award may be set aside. In this case, the Federal Court considered the circumstances in which it will …
Federal Court sets aside arbitration award for breach of natural justice Read More »
An Article on the Limitation Act 1953 Is there any cause of action? A “cause of action” is the entire set of facts that gives rise to an enforceable claim1. For example, breach of contract, tort of negligence, tort of deceit/ fraud, defamation and etc. After determining the cause of action, the next question to …
How does the construction industry and payment adjudication act 2012 impact your business? Construction Industry Payment and Adjudication Act (“CIPAA 2012”) came into operation on 15 April 2014. The Malaysian Parliament enacted CIPAA 2012 with a declared intention to alleviate payment problems in the construction industry through the introduction of a statutory adjudication process. The …
Construction Industry And Payment Adjudication Act (CIPAA 2012) Read More »
How do you ensure that money due to you through a Court order is actually paid?
A Director cannot limit his or her liability. However they can rely on..
