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…
Enforcement of a Non-REJA Foreign Judgment
A. Introduction The Reciprocal Enforcement of Judgments Act 1958 (“REJA”) facilitates direct execution of foreign judgments from reciprocating foreign countries listed in the First Schedule of the REJA. The reciprocating countries include UK, Hong Kong, Singapore, New Zealand, Sri Lanka…
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