Copyright in Social Media
What is the position of the law with regard to social media content? For instance, can you re-post another person’s Insta-story on Facebook? Or can you use another person’s picture in your own social media post? Scope of copyright law Copyright is concerned with the expression of an idea, and not the idea itself. Under […]
Construction Law Malaysia: Challenging an Arbitrator
The Burden of Proof Under S30 CIPAA 2012
S30 of the Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012”) provides that where a subcontractor (“SC”) has obtained a favourable decision in adjudication against the main contractor (“MC”), the SC may make a written request directly to the Employer (“E”) in order to receive direct payment. The E is then obliged to make […]
Keep Calm and Think on Your Feet – tips and tricks to address unexpected questions
You are in court, well prepared to submit and address the Bench on issues related to your matter and all of a sudden, a question is thrown at you that caught you entirely off guard. Poof! – your mind goes blank. Sounds familiar? We have all experienced it. As the saying goes, the human brain […]
Orders under ss 366 and 368 Companies Act 2016 [CA 2016] – ex parte or inter partes?
Introduction S 366 CA 2016 When a company is riddled with debt and facing a worsening financial position, an option for the company to temporarily escape their predicament is to apply for an order under s 366 CA 2016 for a scheme of arrangement. A scheme of arrangement is ‘a statutory mechanism for the implementation […]
The risk of the written word – effect of extra-judicial views on impartiality of judges
Nescit vox missa reverti – “A word once spoken can never be recalled” (Horace). If a spoken word cannot be recalled, what more one that is written down? His lordship, Lim Chong Fong J, found himself in an interesting position when counsel in EA Technique (M) Sdn Bhd v Malaysia Marine and Heavy Engineering Sdn […]