Event

Event

 

Revisiting Selva Kumar Murugiah v Thiagarajah Retnasamy: The Coming of Age of the Law on Proving Liquidated Ascertained Damages in Housing Development Contracts

13 Oct 2020 - Tue / 1 day / 10:00am - 12:00pm / CPD Live webinar on Zoom

This CPD Live webinar explores the locus classicus decision of Selva Kumar Murugiah v Thiagarajah Retnasamy [1995] 2 CLJ 374 and the plethora of cases that have endorsed the said decision, with regard to the issue of proving actual damages which has shaped the law on proving LAD in housing development contracts.

Highlight: Registration will open once the circular has been issued
Law Student: RM 0
Member: RM 20
Members admitted from 1 July 2011: RM 20
Non-Member: RM 60
Pupil in Chambers: RM 0
Organisers: Bar Council

CPD Points: 2
Event Code:
T3/11102020/BC/BC201186/2

Description

Upon successful registration, a link to the CPD Live webinar will be emailed to registered participants only. Registration will close at 3:00 pm, on 9 Oct 2020 (Friday).

No additional registration will be accepted once the closing date has passed, or if the CPD Live webinar is full.

The CPD Department may not permit future registration if you fail to attend a CPD Live webinar after registering unless you provide an acceptable and valid reason(s).

Claims and payments of liquidated ascertained damages (“LAD”) in housing development contracts have become very contentious in recent years. Many developers are brought to court for late completion of housing development projects within the stipulated contractual period claims on payments of LAD. However, homebuyers are perplexed that even when the computation of LAD is expressly provided for in the sales and purchase agreement (“SPA”), the law on LAD requires LAD to be proved. Such a position is intriguing and causes unwarranted hardship to these innocent purchasers.

This CPD Live webinar explores the locus classicus decision of Selva Kumar Murugiah v Thiagarajah Retnasamy [1995] 2 CLJ 374 and the plethora of cases that have endorsed the said decision, with regard to the issue of proving actual damages which has shaped the law on proving LAD in housing development contracts.

Speaker

Ranjan Datuk N Chandran graduated with a Bachelor of Laws (2nd Class Upper Honours) degree from the University of London in 1994 and completed the Certificate of Legal Practice in 1995. He was admitted as an advocate and solicitor of the High Court of Malaya in 1996 and has been in practice for 25 years. He had his own practice under the name of Ranjan Chitravathy & Nik for 16 years, from 1999 to 2015.

In 2016, he joined the firm Hakem Arabi & Associates as a Commercial & Construction Partner. He appears frequently as counsel in the Appellate Courts and the High Courts. His area of experience ranges from liquidation, construction, strata, joint management body (“JMB”), to representative actions and more. He has a passion for writing articles and has had many of his articles published in law journals and also The Edge Weekly.

Terms and Conditions

A Step-By-Step Guide to Join the CPD Live Webinar

(1) For seamless streaming, download the Zoom app
You will be given a webinar ID and a password to join CPD Live Webinar once your registration has been confirmed.

(2) Log in to Zoom, and provide your username
For Members of the Bar or pupils-in-chambers, use the format below for identification purposes when prompted:

Full name (as per NRIC) | Bar Council membership number or petition number

For non-members, provide your full name only.

(3) Setup your space
Ensure that you have a strong Internet connection. You may use an earpiece for clarity.

(4) Mute your microphone
When CPD Live is ongoing, please mute your microphone on Zoom at all times to ensure there is no interruption from your end.

(5) You may raise questions during the Question-and-Answer session only
Please take note that no speaking is allowed when the CPD Live Webinar is taking place.

If you wish to raise a question, please type in the chat box and the speaker will respond accordingly.

(6) Please, do not do this
Screen recording, sharing the webinar ID and password links, reproducing the content of the CPD Live Session on any platform are strictly not allowed.

Any unregistered person may be removed without prior notice, and no CPD point will be awarded. Failure to adhere to this may result in disciplinary action by the Bar Council.

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Event Policy

Places are limited and registration is on a first-come, first-served basis.

For events with registration fees, all payments must be made in advance, including bank charges. Registration will be confirmed once proof of payment is provided by email or fax, and full payment is received.

For events that are not organised by Bar Council, please note that you are subject to the relevant terms and conditions specified by the external providers.

Cancellation 

Cancellations must be made in writing.

If you have failed to inform the organiser on your cancellation for three consecutive times, you may be blacklisted for future events.

Refunds 

Refunds will be processed after the event is completed. This may take up to 30 business days. The conditions for refunds are as follows:

  • Full refunds will be issued if the event is cancelled or postponed by the organiser due to some circumstances.
  • No refunds for this course. However substitution is allowed.

The organiser reserves the right to modify, cancel or postpone the event, should circumstances arise that make such action necessary, whereupon all registration fees paid will be refunded.

Transferral

You are allowed to transfer your place to another participant, but you must notify the organiser with the necessary details.

Attendance 

CPD points will not be awarded to lawyers and pupils in chambers from Peninsular Malaysia who arrive more than 15 minutes late, are not present throughout the event, or leave before its scheduled end.

Privacy 

The personal information that you provide to the Bar Council, whether now or in the future, may be used, recorded, stored, disclosed or otherwise processed by or on behalf of the Bar Council for the purposes of facilitation and organisation of this event, research and audit, maintenance of a participant database for the promotion of this event, and such ancillary services as may be relevant.

Disclaimer

  • Materials will be emailed only. No printed notes will be provided.
  • No recording of the event is permitted via any means at any time.
  • No part of the event content may be used/reproduced in any form without the written and explicit consent of the Bar Council and speaker(s).

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