The High Court in its decision dated 20th December 2018 in the case of Niall Atholl Murray v Baker Hughes (M) Sdn Bhd & 2 Ors (Application for Judicial Review No.: WA-25-204-08/2018) upheld the decision of the Industrial Court (Award…
The issue of the degree of control exercised on an independent contractor was recently considered by the Industrial Court in the case of Noor Asilah Binti Abdull Rahman v Columbia Asia Sdn Bhd (Award No. 2019/2019). The Claimant, Noor…
On 26th November 2019, the Federal Court in the case of Ang Min Lee v Menteri Kesejahteraan Bandar, Perumahan dan Kerajaan Tempatan & 5 other appeals, issued a decision that will have an important bearing on the relationship between a housing…
Following the issuance on 16th December 2019 of the Exposure Draft on Electronic Know-Your-Customer (e-KYC) which sets out the proposed requirements and guidance in implementing e-KYC solutions for onboarding of individuals to the financial sector, the Central Bank of Malaysia…
This article can also be found in The Edge online. “It was the best of times, it was the worst of times…” The Covid-19 outbreak is dominating every form of media reporting. Quite rightly so. The coronavirus is spreading like…
Part One – The Covid-19 Pandemic and Movement Control Order – Is this “Force Majeure” in Construction Contracts? The World Health Organisation on 11 March 2020 declared Covid-19 a pandemic. At that point, the virus had infected 18,000 people in…
Part Two – The Covid-19 Pandemic and Movement Control Order – It this an EOT event in PAM and PWD Standard Form Contracts? In Part 2 of our update, we will examine the commonly used standard form contracts in Malaysia…
Part Three – The Movement Control Order – does that fit into “Change in Law” provisions in construction contracts? In Part 3 of our update, we will examine whether the MCO falls within the “change in law” provisions commonly found…
Part Four – The Movement Control Order – What to do next? While the contractor is likely to have no choice (unless the works fall within “essential services” or the contractor or owner obtains an exemption) but to stop work,…