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Foreclosure Proceedings in Malaysia for Properties with issued title (Mid-2025)
Foreclosure in Malaysia for properties with issued title is a strictly regulated legal process governed mainly by the National Land Code 1965 (NLC 1965) and the Rules of Court 2012 (ROC 2012). This serves as the primary legal mechanism to be complied with that enables a Lender (Chargee) to recover outstanding loan amounts from a […]
Navigating Malaysia’s Bankruptcy Law in 2025: Reforms, Second Chances, and Key Changes
Bankruptcy in Malaysia is no longer a life sentence of financial doom. Recent reforms have reshaped the legal landscape, making the process more humane for debtors while continuing to safeguard the interests of creditors. From increased debt thresholds to automatic discharge policies and new protections for guarantors, the law now reflects a shift from punishment […]
A Pickleball Event
Pickleball FuN The Azhar & Wong team brought their whole selves to the court (pickleball court, that is) for a day overflowing with energy, laughter, and just the right amount of friendly competition. Everyone showed up ready to play, cheer each other on, and share in the kind of moments that remind us why […]
BANGKOK COMPANY TRIP 2025
Sometimes, the best connections are made outside the office. Spending 4 days and 3 nights together in Bangkok was more than just a getaway, it was a chance to step away from our daily routines, slow down, and truly reconnect with one another. It is easy to get caught up in deadlines and deliverables, but […]
Reinforcing Trust in the Torrens System: Federal Court’s Clarification on Bona Fide Purchaser Doctrine
Introduction In Malayan Banking Bhd v Mohd Affandi bin Ahmad & Anor [2024] MLJU 2624, the Federal Court of Malaysia reinforced key principles underpinning the Torrens system, particularly in the context of indefeasibility of title and the doctrine of bona fide purchaser. The case addressed the obligations of financial institutions under proviso to Section 340(3) […]
Does Receipt of the Proceeds of an Auction Sale Constitute a Fresh Accrual of Action Under Section 26 Act
Does Receipt of the Proceeds of an Auction Sale Constitute a Fresh Accrual of Action Under Section 26 of the Limitation Act 1953? The question of whether the receipt of proceeds from an auction sale constitutes a fresh accrual of action under Section 26 of the Limitation Act 1953 (Act 254) in Malaysia has been […]
Indefeasibility & Duty of Purchasers after Setiakon Engineering Sdn Bhd
Indefeasibility of Title is a legal principle that ensures a registered title or interest is protected from prior unregistered claims or encumbrances. Defined by Abdul Malik Ishak J in Muthammah A/P Govindan v Masri Bin Mohamed & Anor [2000] 5 MLJ 518, it means a registered title or interest is typically immune to adverse claims […]
THE QUINCECARE DUTY OF CARE
The Banks’ duties are generally limited to those provided under the terms of their contract which includes the Bank’s obligation to repay and disburse the customer’s money in accordance with the customer’s instruction without undue delay. Nonetheless, due to increasing incidents of bank payment fraud such as the ‘Macau Scam’, the common law has developed […]
LIMITATION PERIOD FOR FORECLOSURE CHARGE ACTION
The Federal Court in a very recent case of Thameez Nisha Hasseem v Maybank Allied Bank Berhad [Civil Appeal No.02(f)-73-09/2019(P)] decided, inter alia, that:- (a) The 12 year limitation period applies to charges under the NLC; (b) The period of limitation in Section 21(1) of the Limitation Act begins from the date of the failure […]