Reviewability of Tribunal’s Findings on Limitation: The Malaysian or Singaporean Approach?
A. Introduction In the recent Court of Appeal case of Hindustan Oil Exploration Company Limited v Hardy Exploration & Production (India) Inc (“HOEC v HEP”), the tribunal’s finding on the issue of limitation was brought up as a ground to…
FC Case Update: What Can the Tribunal for Home Buyers Claims Decide?
A. Introduction In the recent FC decision of Remeggious Krishnan v SKS Southern Sdn Bhd [2023] 1 LNS 362, the Federal Court decided that the Tribunal for Home Buyers Claims (“Tribunal”) has jurisdiction to hear split claims in respect of…
FC Case Update: Non-Delegable Duty of Care
A. Introduction The Federal Court in its recent decision of Hemraj & Co Sdn Bhd v Tenaga Nasional Berhad clarified that there are two categories of non-delegable duty of care. The first category is where the acts delegated to a…
Existence of Arbitration Clause or Proceedings: Lower Prima Facie Threshold for Fortuna Injunction
The High Court case of PRPC v PBJV clarified two important points. First, a winding up proceeding is not substantive in nature and is not subject to section 10 of the AA 2005. A stay under section 10 of the…