Shaikh David & Co.


Recent entries

Deed of Assignment Between Purchaser and End-Financier is Still an Absolute Assignment Under s.4(3) of The Civil Law Act
The original action was commenced by a group of purchasers against a wound-up developer, the master chargee and end-financers. SDC acted for the master chargee that granted bridging financing to the developer to finance the development of some 316 factory units. The purchasers were individual purchasers of the units and they entered into Sale and Purchase...
Pupil Effecting Service of Writ in Rem on a Vessel
Few weeks ago, I was awarded with an opportunity to assist in effecting service of Writ in Rem on a vessel (“Vessel X”) by my Master, James P. David and my Mentor, Foo Siew Yin. Initially, we obtained urgent instructions from our clients to arrest Vessel X. My Mentor was more than happy to let me join and assist her. Following clients’ instructions,...
Business Interruption Policy Coverage in Relation to Covid-19
The cover under the MSDE Clause is only limited to business interruption caused by one of the listed diseases. Hence, as Covid-19 was not listed, it is not covered. On the closure due to sanitary arrangements, this clause only applies when there is an order by a public authority requiring a closure in response to a defect in the Plaintiff’s sanitary...
Carriage of Goods by Sea (Amendment) Act 2020
Perhaps the most important amendment to COGSA is in relation to the limitation of liability of the carrier and ship. Originally, COGSA provided that a claim for cargo loss or damage will be limited to £100 per package or unit, unless the nature and value of such goods had been declared by the shipper before shipment and inserted in the bill of lading....
Limitation Period in Foreclosure Actions
Pursuant to the decisions in the Court of Appeal cases of Peh Lai Huat v MBF Finance Bhd [2011] 3 MLJ 470 and Jigarlal K Doshi @ Jigarlal a/l Kantilal v Resolution Alliance Sdn Bhd & Another[ 2013] 3 MLJ 6, the accepted legal position was that in a foreclosure action, the cause of action arises upon the expiry of the Form 16D. The 12 year limitation...