MALAYSIA Trends and Developments Contributed by: Dhinesh Bhaskaran, Rabindra Nathan, Shanti Mogan and Lai Wai Fong, Shearn Delamore & Co
that they were discriminated against by their employers for refusing to take the vaccine. The Plaintiffs are seeking approximately MYR60 million in general, special and exemplary dam- ages. It will be interesting to see how the Malaysian courts address the claims made by the plaintiffs. Issuance of a Partial Certificate of Completion and Compliance On 11 November 2024, the Federal Court in Cosmopolitan Avenue Sdn Bhd v Khong Yao Han & 57 Ors [2024] CLJU 1893 granted leave to appeal to the purchasers for the deliberation of the following questions: • Whether a strata title can be issued if only a partial Certificate of Completion and Com- pliance (CCC) has been issued (a “partial CCC”). • Whether a development can be regarded as completed if no full CCC is issued. • Whether a development can continue indefi- nitely without a deadline on the issuance of a full CCC. In the High Court, the purchasers had filed a suit for additional LAD against the developer and architect. The issue to be determined was whether the delivery of vacant possession through the issuance of a partial CCC is valid. The developer applied to strike out the suit but the application was dismissed. The Court of Appeal thereafter found that the SPAs were clear that vacant possession can be delivered even with a partial CCC. Clarity is required by the Federal Court on wheth- er a partial CCC is sufficient to deliver vacant
possession to purchasers. Depending on the outcome, it may result in the floodgates being opened for other developments where vacant possession was given when a partial CCC had been obtained. Amendments to the Penal Code to Tackle Mule Accounts Malaysia has recently seen an increase in prose- cutions against the holders of mule accounts but difficulties have been faced in mounting such prosecutions. The government of Malaysia has moved to strengthen the legal framework surrounding the misuse of mule accounts through the Penal Code (Amendment) Bill 2024 and the Criminal Procedure Code (Amendment) Bill 2024. These bills were passed on 22 July 2024. The amend- ments aim to address the growing issue of online financial fraud. The key provisions are as follows: • Additional sections have been inserted into the Penal Code that address the possession, control and misuse of payment instruments such as ATM cards, credit cards, e-wallets and other payment instruments. • The amendments introduce stricter penalties for mule account holders such as fines of up to MYR150,000 and imprisonment for up to ten years for offences involving unauthorised possession, control or use of payment instru- ments or accounts. • Law enforcement officers, ranked Sergeant or higher, have also been granted the authority to seize or block financial transactions linked to suspected fraudulent activities involving mule accounts. These amendments address previous gaps, as it has been challenging to secure convictions
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