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The contents of this blog/website are provided for general informational and educational purposes only. They do not constitute legal advice on any matter.
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Probate & Administration; Tort; Civil Procedure: Case Updates

In Ong Thye Peng v Loo Choo Teng & 7 Ors [2008] 1 AMR 757 [FC], Section 60 of the Probate and Administration Act 1959 (“the Act”) addresses the disposal of a deceased person’s property by their personal representative. Both executors and administrators serve as trustees of the beneficiaries’ property, bearing the responsibility to ensure the estate benefits to the greatest extent possible when dealing with trust assets. Their primary duty is to safeguard the rights and interests of the beneficiaries, and as such, the obligations of executors and administrators in relation to the estate are identical, particularly in the context of selling estate property. Consequently, in the sale of property by an executor, the fair market value is to be assessed not at the time of the offer but at the date of the hearing for the application seeking approval of the proposed sale. In the case of The Co-operative Central Bank Limited v KGV & Associates Sdn Bhd [2008] 1 AMR 789 [FC], the court ...

What are the available remedies to a purchaser when he is given a defective house out of time by the seller developer?

Late Delivery and Defective Housing: Your Legal Remedies as a Malaysian Homebuyer Buying a home is one of the most significant financial investments you will ever make in Malaysia. It can be incredibly frustrating when a housing developer delivers your property late, only for you to find it riddled with construction defects. If you are facing this situation, you have clear legal protections under Malaysian law. Here is a breakdown of the remedies available to Malaysian homebuyers when a developer delivers a defective house past the agreed deadline. 1. Compensation for Construction Defects When a developer delivers a house with defects (such as cracked walls, leaking pipes, or poor workmanship), they are legally obligated to fix them or compensate you under the standard Sale and Purchase Agreement (SPA) prescribed by the Housing Development (Control and Licensing) Act 1966 (HDA) . In the landmark case of LSSC Development Sdn Bhd v Thomas Iruthayam & Anor [2007] , the Court of Appeal...

Civil Procedure (pleadings-amendments; injunctions against Danaharta): Case Updates

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