Dear Readers,

As we have now completed the first quarter of 2022, we hope that most of you are en-route to accomplishing the resolutions you had set earlier this year. The end of the first quarter of the year is an appropriate period to reassess your goals and to recalibrate your objectives and targets and we hope that all of you meet your expectations at the end of this year.  

Meanwhile, in this month’s edition of the newsletter, we have some very captivating articles that we would like to share with you. Our first article is indeed very relevant in this day and age as it provides an overview of the financial technology industry in Malaysia – an area which we would all have to agree, is up and coming. If you would like to know more about this budding area of finance, do have a read of our article.    

Our second article is also extremely useful as it considers and explains the various type of monetary remedies that would ordinarily be available to parties in a legal suit. The article explains what general, special, exemplary and nominal damages are and how they would apply in a lawsuit. It also describes how quantum meruit would apply in legal proceedings.    

Our third article is a case summary of a High Court decision (which has recently been affirmed by the Court of Appeal) titled PCOM Pacific Sdn Bhd v Apex Communications Sdn Bhd & Anor [2020] MLJU 118. The case concerns the operation and application of Section 30 of the Construction Industry Payment and Adjudication Act 2012 i.e a provision which enables a party who obtained an adjudication decision in his favour, to make a written request for payment of the adjudicated amount directly from the principal of the party against whom the adjudication decision is made. To understand how the provision works, do check out our article.    

If a party against whom an adjudication decision was made fails to make payment of the adjudicated amount, the party who obtained the adjudication decision in his favour may make a written request for payment of the adjudicated amount direct from the principal of the party against whom the adjudication decision is made.

The final article titled “keeping pets in a strata scheme” explains in a gist, the long lasting confusion of whether pets are allowed in stratified homes such as condominiums and apartments. For those of you who have pets, this article is for you!    

Finally, do take a peek at our Inside Out section for the firms’ latest updates and activities!

We hope that you enjoy reading this edition as much as we enjoyed putting it together for you! Happy reading!

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Editorial Team:.

Chong Lee Hui

Ankit Sanghvi

Serene Hiew Mun Yi

Amy Hiew Kar Yi

Tan  Poh Yee

Hee Sue Ann

Chan Jia Ying