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Kuruvilla, Yeoh & Benjamin
Sep 17, 20244 min read
KYB Case Update: Failure to Disclose Personal Interest Not Necessarily Breach of Duty to Act in Best Interest of Company
Directors, whether executive or non-executive, owe fiduciary duties to the company. Some of these fiduciary duties have been statutorised...
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Kuruvilla, Yeoh & Benjamin
May 31, 20244 min read
KYB Case Update: What Happens When A Tenant Prematurely Terminates a Fixed-Term Tenancy
Introduction Generally, a fixed-term tenancy is a form of tenancy where there is an agreed duration for the tenancy and the tenant is not...
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Kuruvilla, Yeoh & Benjamin
Mar 25, 20241 min read
High Court partially dismisses Kenanga Investors' claim against Impiana
As reported by The Edge Malaysia, the Kuala Lumpur High Court on 05.03.2024 substantially dismissed a claim by Kenanga Investors Berhad...
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Kuruvilla, Yeoh & Benjamin
Oct 24, 20238 min read
KYB Case Update: Lenders Beware
LENDERS BEWARE “the loss lies where it falls where an agreement is found to be illegal” Introduction Whether sought out of urgent...
270 views0 comments
Kuruvilla, Yeoh & Benjamin
Oct 3, 20237 min read
Piercing The Corporate Veil – Winding Up Petition Filed By Alter Ego Held To Be An Abuse Of Process
Introduction On 19.05.2023, the Court of Appeal in Civil Appeal No. W-02(NCC)(A)-1113-06/2022: Le Apple Boutique Hotel (KLCC) Sdn. Bhd....
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Kuruvilla, Yeoh & Benjamin
Aug 23, 20235 min read
KYB Case Update: Performance Bonds – Judicial Intervention against the Beneficiary’s Tactical Gambit
Introduction On 12.05.2023, the High Court at Kuala Lumpur in Civil Suit No.: WA-24NCC(ARB)-57-12/2022 Syarikat Ong Yoke Lin Sdn. Bhd. v....
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Kuruvilla, Yeoh & Benjamin
Jul 14, 20237 min read
KYB Case Update: Selangor Appeal Board Allows Continuing Operation of a Child Care Centre
Introduction This Case Update discusses an appeal against the decision of the local planning authority. Any party aggrieved by such a...
97 views0 comments
Kuruvilla, Yeoh & Benjamin
Jun 28, 20235 min read
KYB Case Update: High Court Orders Vendor & Vendor's Solicitors To Refund Payments to Purchaser
HIGH COURT ORDERS VENDOR AND VENDOR’S SOLICITORS TO REFUND DEPOSITS & PART-PAYMENTS TO PURCHASER AFTER FAILURE TO FULFILL CONDITIONS...
57 views0 comments
Kuruvilla, Yeoh & Benjamin
May 15, 20231 min read
Successful Injunction Application to Restrain Call on a Bank Guarantee Pending Arbitration
As reported by The Edge Malaysia, the Kuala Lumpur High Court on Friday (12.05.2023) allowed an injunction application filed by Syarikat...
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Kuruvilla, Yeoh & Benjamin
Apr 3, 20234 min read
KYB Case Update: The Importance of Renewing Your Tenancy On Time
Introduction It is a usual provision in a tenancy agreement for a tenant to have an option to renew or to extend the tenancy period. The...
49 views0 comments
Kuruvilla, Yeoh & Benjamin
Mar 6, 20236 min read
Case Update: High Court Orders Interim Measures Under Section 11 of the Arbitration Act 2005
CASE UPDATE: HIGH COURT ORDERS RELEASE OF 38 TONNES OF PROCESSED RAW MATERIAL AS INTERIM MEASURE UNDER SECTION 11 OF THE ARBITRATION ACT...
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Kuruvilla, Yeoh & Benjamin
Feb 8, 20233 min read
Additional Remedies Under Common Law Beyond the Express Provisions of a Statutory SPA
Introduction The statutory Sale and Purchase Agreement (“SPA”) stipulates that a purchaser is entitled to issue a written notice to the...
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Kuruvilla, Yeoh & Benjamin
Oct 25, 20224 min read
KYB Legal Insight: Who Owns The Car Parks?
Introduction In property developments, there may be car parks which despite being part of the development are not bundled with any...
1,216 views2 comments
Kuruvilla, Yeoh & Benjamin
Jul 22, 20225 min read
Finders Keepers? The Unlicensed Agent's Pursuit of a Finder's Fee
Introduction It is not uncommon for a party brokering a property transaction to expect a “finder’s fee” despite not being a licensed...
702 views0 comments
Kuruvilla, Yeoh & Benjamin
Feb 14, 20228 min read
Finding A Balance - Policy Considerations In The Courtroom
Background Statutorily prescribed sale and purchase agreements under the Housing Development (Control and Licensing) Act 1966 provide...
170 views0 comments
Kuruvilla, Yeoh & Benjamin
Nov 1, 20214 min read
Case Update: When Your Landlord Refuses to Return Your Deposits After the Expiry of a Tenancy
Introduction On 21.06.2021, the High Court in Kuala Lumpur High Court Civil Suit No. WA-22NCVC-832-12/2020: Le Apple Boutique Hotel...
1,514 views0 comments
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