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BANKRUPTCY THRESHOLD! INCREASED FROM RM50,000 TO RM100,000

COVID-19 pandemic has significantly affected and impacted businesses and the economy throughout the world. In order to lessen the impact of the pandemic, the Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (Covid-19) Bill 2020 (“the Act”), was tabled in Parliament to provide temporary relief to people by modifying the relevant provisions in …

Mareva Injunction – An Icy Area of Law

Recently, our Litigation & Construction Law Practice Group Partner, Mr. Nadesh Ganabaskaran, assisted by Mr. Raymond Kok Kai Ren, Ms. Samantha Au Yong Chi Yan and Ms. Elvina Leong, successfully obtained a Mareva Injunction at the High Court of Penang, in the tune of RM8.6 million and froze several bank accounts of the defendants. This …

Adjudication Overview

This article is intended to provide a brief overview to understanding the statutory adjudication regime in Malaysia. 1. What is Adjudication? Adjudication in Malaysia is governed by the Construction Industry Payment and Adjudication Act 2012 (“CIPAA”). It is enacted to provide a mechanism for speedy dispute resolution to alleviate cash flow problems in the construction …

Collaboration with an Indian Law Firm

JOINT PRESS RELEASE MEMORANDUM OF UNDERSTANDING BETWEEN MESSRS MALEK PAULIAN & GAN (MALAYSIA) AND VISHNU, MEHRA & CO. LAW OFFICES (INDIA) A Memorandum of Understanding (“MoU”) on Legal Cooperation Activities between Messrs. Malek, Paulian & Gan, a Malaysian based law firm and Vishnu, Mehra & Co. Law Offices, an Indian based law firm was signed …

Arbitration Issues In the Malaysian Construction Industry

On 14th October 2019, our Construction Law Partner, Mr. Nadesh Ganabaskaran conducted a seminar on Arbitration Issues in the Malaysian Construction Industry to an audience in excess of 400 construction professionals i.e. Quantity Surveyors, Architects, Engineers, Consultants, Arbitrators. The seminar was jointly organized by the Board of Quantity Surveyors Malaysia (BQSM), & Public Works Department …

Setting-Aside Adjudication Decision: a myth or reality?

Setting-Aside Adjudication Decision: a myth or reality? by Nadesh Ganabaskaran [1] & Wong Su-Ning [2] Advocates & Solicitors Messrs Malek, Paulian & Gan   Case Update: Engineering Protocol Sdn Bhd v Saga Fire Engineering Sdn Bhd [Shah Alam High Court OS No.: BA-24C-85-09/2018] Synopsis We acted for abovenamed Plaintiff and successfully applied to the High Court at Shah Alam …

LACUNA IN THE LEGAL PROFESSION ACT 1976

Synopsis Yes, you read it right! On 23.7.2019, the High Court at Kuala Lumpur ruled that it has no powers to grant a stay pending hearing of an appeal, against of the Order by the Advocates & Solicitors Disciplinary Board dated 12.4.2019 (“DB’s Decision”), pursuant to section 103E of the Legal Professional Act 1976 (“LPA”). …