Construction Defect Claims in Malaysia

Affidavits play a major role in dispensing justice and many proceedings, particularly those of an interlocutory nature, are disposed of on affidavit evidence alone. In cases where evidence can be conveniently and completely presented in affidavit form, its use will promote the efficient and more orderly disposal of cases. This important part of litigation practice is given a clear and comprehensive exposition by the book Affidavit Evidence.

This book presents a core subject of civil practice from the local perspective. The detailed discussion is amply supported by copious citations of case law, local as well as foreign, and the applicable statutory provisions. The practical insights provided in the book are indeed valuable and will usefully serve both experienced and newer practitioners. The content of the book has been systematically organised and this greatly enhances its utility. Beginning from the fundamentals of the preparation of affidavits, the book then explores in detail the formal requirements for valid affidavits. The practical aspects of the filing and service of affidavits are discussed before an analysis is undertaken of defective affidavits as well as the available curative provisions and remedial measures. The book proceeds to a hands-on discussion of the assessment of affidavit evidence, including cross-examination on affidavits, affidavits in particular proceedings, and finishes off with a look at the effects of the making of false affidavits.

This new edition of Affidavit Evidence contains a wealth of knowledge painstakingly put together by an experienced practitioner of law. It is fully updated to take account of new developments in the law, including the Rules of Court 2012, the Companies Act 2016 and the Insolvency Act 1967.

• Recent cases showing how the courts have been able, relying on Order 1A and Order 2 r 3, to save or allow the use of defective or non-compliant affidavits thereby ensuring that justice is not frustrated by technical non-compliance.
• Discussion on the limits of Order 1A and Order 2 r 3.
• Recent cases dealing with challenges against affidavits in forfeiture proceedings under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 as amended in 2014.
• Recent authorities showing the usefulness of Order 41 r 13 which allows for affidavits made in English outside the jurisdiction to be filed without being accompanied by a translation in Bahasa Malaysia, unless directed otherwise by the court.
• Further consideration of the switch from "must" to "shall" in Order 41 made by the Rules of Court 2012.
• New discussion on expert evidence.
• General improvements and rewriting for better clarity.

Providing unparalleled clarity for a quick mastery of Company Law

Product Information:

Company Law in Malaysia is a definitive and comprehensive reference, encompassing 28 detailed chapters, that thoroughly examine the application and operation of the Companies Act 2016. This publication offers an in-depth exploration of both judicial interpretations and practical applications, making it an invaluable resource for understanding Malaysian corporate law.

Each chapter is dedicated to considering a distinct and thematically cohesive area of company law, allowing for a structured and focused examination of key topics. Topics include the classification and incorporation of companies, corporate liability, company constitution, share capital, dividends, and the roles and responsibilities of directors, secretaries, and auditors. The book also covers essential corporate governance issues such as meetings, resolutions, financial reporting, issuance of prospectuses, shareholder remedies, and the management of company finances.

Further chapters provide detailed insights into corporate restructuring, rescue mechanisms, winding-up procedures, foreign companies, takeovers and mergers, creditors' rights, e-commerce and digital enterprises, as well as the application of Islamic principles within corporate governance frameworks. Some of these areas are often overlooked in standard texts but are critically important in practical terms.

Led by two distinguished academicians and enriched by contributions from seasoned experts in company law, this authoritative publication delivers the latest legal developments and case analyses to keep readers up-to-date and informed of the law applying to corporations in Malaysia. Designed to support law students, practitioners, corporate professionals, and academics alike, Company Law in Malaysia is an essential addition to any professional or academic library.

Key Features:

• Extensive coverage of the Companies Act 2016, providing clear and detailed explanations of key areas within this area of law.
• In-depth analyses supported by rich citation of case and statutory authorities.
• Contributors are empanelled from various local and foreign universities as well as legal practice.
• Application of Islamic principles to corporate structures and governance.
• Consideration of related areas to provide holistic appreciation of company law in the real business world.