A commentary of the Federal Court’s judgement in He-Con Sdn Bhd v Bulyah binti Ishak & Anor[1] A court exercising its discretion under its jurisdiction in equity will not contradict its jurisdiction in law to declare as void, that which is valid in law; we must pay particular attention to the difference between the remedy […]
A commentary on the Federal Court judgment in Samuel Naik Siang Ting[1] Samuel has on the 22.3.2004 entered into a sale and purchase agreement with a developer and the joint venture proprietor for the purchase of the subject property (the lot). The full purchase price was paid; the title was transferred and registered in his […]
GETTING YOUR PRIORITIES RIGHT (PART ONE) A unique feature of the English legal system is that there were 2 courts of co-ordinate jurisdiction, a court of law and another court of equity (the Chancery Court). The court of law would only recognise legal rights (rights in law) and the court of equity would recognise both […]
A Critique of Kamarulzaman bin Omar & Ors v Yakub bin Husin & Ors[1] The provisions of sub-sections 340(1), (2) and (3) are rather straight forward and provides for a couplet of an oxymoron. Firstly, it provides that the title of the person, for the time being, shall be indefeasible[2], except in the event in which event […]
Punctuation and Statutes¹ The English rule is that punctuation is no part of a statute and it ought to be disregarded in the construction of statutes, see Maxwell on the Interpretation of statutes, 12th Edition at page 13. The irrelevance of punctuation has two consequences. First, a provision in a statute may be read as […]
Contributed by Henry Kang Fang Hawe Tuesday, 31 July 2007 09:49AM Click Here For Chinese Version When the Housing Development (Control and Licensing) (Amendment) Act 2002 introduced section 22C, I wrote an article which was published in the March, 2004, INFO Johore Bar. Since then, the Housing Development (Control and Licensing) (Amendment) Act 2007 […]
UNREPRESENTED VENDORS Click Here For Chinese Version by Mr. Henry Kang Fang Hawe For decades, Vendors being unrepresented by solicitors has made it easy for any risk in the sale and purchase transaction to be shifted to the Vendors. It has now been taken for granted by some legal practitioners that come into practice within […]
DIVORCE FAQ Click Here For Chinese Version by Ms. Tay Bee Choo If both parties agree to divorce, can we not just sign agreement to divorce? No, you cannot just sign an agreement to divorce. You both must sign a joint petition for divorce, and Only the High Court can grant a divorce if […]
by Mr. Henry Kang Fang Hawe MARCH, 2004 The primary objective of the Torrens System and our National Land Code (NLC) is to simplify and facilitate dealing with land. Perversely, conveyance of properties “off the code” so to speak is necessary and admittedly widespread due to the delay and difficulties in issuing titles. There are […]
Section 8 (2A) of the Bankruptcy Act 1967 Click Here For Chinese Version by Mr. Henry Kang Fang Hawe 21.10.2015 Section 8(2A) of the Act (“the Section”) provides “Notwithstanding subsection (2), no secured creditor shall be entitled to any interest in respect of his debt after the making of a receiving order if he […]