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Without making any detailed elucidation of the laws pertaining to assignment in this country, as it is assumed that all who are considering this short work would possess the minimum knowledge of the law pertaining to assignment, it is proposed that this short work would leap straight to the question at hand: Prohibition of Assignment and the Law. A. The law prohibitive clauses against assignment 1. Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd ( 1994) 1 AC 85 (1993) 3 All ER 417 [House of Lords] It was held that there was no reason of public policy not to give effect to the prohibition clause against assignment of the subject contract, the legitimate commercial purpose of which was to ensure that the original parties to the contract were not brought into direct contractual relations with third parties.

page 430 “In the face of this authority, the House is being invited to change the law by holding that such prohibition is void as contrary to public policy. For myself I can see no reason for doing so. Nothing was urged in argument as showing such prohibition was contrary to public interest beyond the fact that such prohibition renders the choses in action inalienable. Certainly in the context of rights over land law does not favor restrictions on alienability. But even in land law a prohibition against the assignment of a lease is valid. ¦In the case of real property there is a defined and limited supply of the commodity and it has been held contrary to public policy to restrict free market. But no such reason can apply to contractual right: there is no public need for a market in choses in action. ” [emphasis added]

It is advocated that perhaps the wisdom of the state of law as adumbrated by the House of Lords in Linden Gardens Trust Ltd’s case can be better appreciated under the illuminating light of section 41 of the Contracts Act 1950. Although in the pari materia provisions of section 40 of the Indian Contracts Act 1872 the provision appears to have generally been interpreted to apply to contracts requiring personal skill

It is submitted that:

i. Any dealings related to any choses in action that would eventually manifest in a registrable right in land is of the nature where the intention of the parties is that, the obligation should be performed by the Vendor in the favour of the identified Purchaser only unless otherwise provided. ii. That if the contract unequivocally expresses the intention that the obligations and rights contained in the contract is to be executed and enjoyed by the stated parties, there is no reason including any public policy reason not to give effect to such expressed intention.

It is also argued that the promise of the creditor of a choses in action to abstain from assigning the choses in action in question without the consent of the debtor can be perceived as a form of valuable consideration for the promise of the debtor to deliver the obligation forming the choses in action. The basis of this observation finds footing in section 2(d) of the Contracts Act 1950 where is reads: “ when at the desire of the promisor, the promisee promises to abstain from doing something such act or abstinence is called a consideration for the promise. ” As a corollary where the creditor is the promisee his agreement to abstain shall be deemed reciprocal promise as provided in section 2(f) of the Contracts Act 1950. It follows therefore such a condition subsequent undertaking in a contract to restrain from acting in a particular manner or fashion that is not tainted with the objection of public policy would be valid and can be strictly enforced. 2. Hendry v Chartsearch Ltd (The Times) September 1998 [Court of Appeal] It was held that where there is a clause requiring consent, consent should not be unreasonably withheld. It was a fatal consequence to the validity of the assignment at hand as the consent of the debtor was not sought. It was irrelevant that on the facts the consent could not have been unreasonably withheld. 3. Tom Shaw & Co v Moss (1908) 25 TLR 190 at 191 Darling J (a prohibition clause) “could no more operate to invalidate the assignment than it could interfere with the laws of gravitation.” 4. “If a contract provides that the rights arising under it shall not be assigned, a purported assignment of such rights is not only a breach of that contract but is also ineffective in the sense that it does not give the assignee any rights against the debtor". an assignment of the benefit of a contract which is expressed to be not assignable may be binding as a contract" ( The Law of Contract, G.H. Treital (10th Edition) at page 639 5. “If there is a provision in a contract prohibiting the assignment of the rights arising there under, it appears that any purported assignment of such right will be in valid as regards the other party to the contract” paragraph 90–200 Halsbury’s Law of England Vol. 6 (Fourth Edition– Reissue 1991) 6. Isabela Madeline Roy & Ors V Sarimah Low bte Abdullah & Ors (2005) 2 MLJ 521 [High Court] Faiza Tamby Chik J at paragraph [5] at page 525

“There is no complete documentation of such assignment and there is no approval of such transaction from the Datuk Bandar. Section 6.04 of the agreement provides that the agreement is binding upon the permitted assigns.”

at paragraph [6] at page 526

Therefore there was no valid assignment as the Datuk Bandar had not given consent. In the present case, the solicitors conveyed a premature request to the Datuk Bandar for an assignment to be created. That request was rejected. The condition precedent had not been fulfilled. If an assignment is a conditional one, it is unenforceable (see Malayawata Steel Berhad v Government of Malaysia & Anor (1977) 2 MLJ 215)

7. Lam Hong Hardware Co Sdn Bhd v Incacon Sdn Bhd & Ors (EON Bank Intervener) 4 MLJ 531 [Court of Appeal] Mokhtar Sidin JCA at paragraph [35]:

“Di dalam rayuan ini sekarang, fasal 17 Articles of Documents jelas melarang responden pertama menyerahhak apa–apa bayaran kepada pihak ketiga tanpa kebenaran bertulis daripada responden ketiga. Dengan itu, suratikatan serahhak di antara responden pertama dan pencelah tanpa kebenaran bertulis adalah tidak sah.”

The learned judge sustained his lordship’s finding by referring to: i. Chitty on Contracts (26th Edition) Vol 1 para 1413 ii. Legal Problems of Credit and Security (2nd Edition 1998) RM Goode at page 123 iii. The case of United Dominions Trust (Commercial) Ltd v Parkway Motors Ltd (1955) 2 All ER 557. It is imperative when considering this case that the dissenting judgment of Abdul Aziz Mohamad JCA be considered in the proper light. His lordship at paragraph [59] at page 553 argued that the fact of the assignment preceded in date the contract to be assigned; the deed purporting the assignment was not restricted by the prohibition clause in the contract to be assigned. It is submitted with respect the argument advanced by his lordship should be considered in the following light: the deed purporting the assignment is a contingent contract and will not be enforceable until the condition precedent event upon which the contingent contract rests materializes (see section 33 of the Contracts Act 1950). This means that despite the fact that the deed in question being dated prior to the contract being the subject matter of the assignment, it became enforceable and as a corollary in existence only after the subject matter of the deed crystallizing. In such instance the purported assignment must be subjected to the prohibition contained in the main contract to be assigned. It is believed that it would be most persuasive to argue that if the subject matter of a contingent contract represents the conditions precedent for the enforceability of the contract, that contingent contract cannot be deemed to be in existence until the complete formation of the subject matter. In short this means that the assignment in this case came into operation upon the making of principal contract to be assigned. In this regards, the assignment must be subjected to the prohibitions contained in the principal contract meaning consent is required for the proper and legal completion of the purported assignment. B. Consent for assignment in non–commercial housing development contract It is humbly believed that there are practical necessities to retain the prohibitive provisions in non–commercial housing development contracts against assignment of rights contained therein by the a purchaser. The asserted practical necessities are as follows (which is not represented in anyway to be exhaustive list): 1. When a deed of assignment is duly endorsed as consented by the Vendor of a non commercial housing development contract the Purchaser would accrue the following benefits:

a. If the deed purports an absolute assignment the Vendor cannot attempt by way of their letter of undertaking issued in the favor of the sub purchaser’s financiers to contract out of some of their statutory enforced contractual obligations. It is a well known fact that there are recalcitrant developers who are of the stand and believe that they are not obligated to apply and secure the state’s consent to transfer in the favor of the assignee (where the parent title upon which such property is erected is subjected to restriction in interest of the consent to transfer being secured from the state authority) as provided in non commercial housing development contract which are statutorily prescribed by the Schedule G and H of the Housing (Control & Licensing) Regulations 1989. Such obstinate developers would merely undertake to apply for the state’s consent in the favor of the assignee and not obtain or secure However with an absolute assignment being 'consented’ by the developer any purport by the developer to contract out of such or similar obligations would be dismissed for a want of direct knowledge of the absolute assignment. However it is also conceded that any purport by developers to rest their consent conditional to the agreement by the assignee to vary the contract to the extent as envisaged in the above would be void for being affront to public policy. The logic is simple the statutorily prescribed sale and purchase agreements are the creation legislation that is intended to protect the public from irresponsible developers and therefore any attempt to circumvent such intend will be an attempt to fly by the face of parliament and probably summarily reject by the courts. b. With the act of endorsement of the consent of the developer the assignee of the non commercial housing development contract can rest assured that his interest in the property would survive the insolvency of the developer or the appointment of a receiver and manager of the developer. In such instance the assignee would not have to bear the onerous burden to establish the deed purporting the assignment was duly served on the developer. Any service of a copy of the deed duly endorsed by the developer would be undisputable documentary evidence of service and consent. Such documentary evidence would also be corroborated by the ordinarily letters of consent issued by the developer and the various steps undertaken to comply the various conditions imposed by the developer.

2. The procedure of the assignment requiring the consent of the developer accords a developer of a stratified development to seek the regularization of the maintenance fund and sinking fund accounts of defaulting purchasers. The continual diminishing of the quality of maintenance and up keeping services of stratified development in Malaysia must be perceived as a genuine concern. The hitherto general chorus of dissatisfaction of the up keeping of stratified development has primarily emanated from the residents of such stratified development without the self reflection by the same residents that a developer is merely a quasi trustee of the management corporation prior to its statutory incorporation pursuant to the provisions of the Strata Titles Act 1985. Without sufficient collection and payment by the residents to the maintenance and or sinking fund, the developer appears to bear no burden to incur the cost and debt of such maintenance out of their pocket. In such instance it is therefore wise to fervently utilize every instrument or means that is available to ensure the coffers of the developer to maintain, up keep and repair a stratified development is sustained at a healthy level. It is conceded that at this juncture there would exist the irresistible temptation to jettison the entire submission contained here with the argument of the existence of deceitful developers manipulating of the available funds for their benefit. Such developers do exist and perhaps many may be tempted to suggest rampant but alas this is not the focal point of this work. 3. If the purported assignment were 'perfected’ without the prior consent of the developer (subjected to the final act of deliver of a copy to the developer) and the developer having applied and secured the consent to transfer in the favor of the assignor of the non–commercial housing development contract; What would be the position of the parties? On the one hand the developer after having completed its executory obligation under the contract of securing the state’s consent, would place the developer in a position to be prepared deliver a 'valid and registrable’ instrument of transfer (I too like Mr. SY Kok frown upon the use of the word memorandum when the recognized dealings in land contained in the National Land Code 1965 are in fact instruments to effect the relevant dealings) in compliance with the statutorily prescribed sale and purchase agreement in the favor of the assignor and therefore under no further similar obligation to the assignee (as it has been executed in the favor of the assignee prior to the assignment). On the other hand the assignor would be probably advised that he has assigned all rights to the statutorily prescribed sale and purchase agreement to the assignee and therefore all rights in the property that would manifest into registered proprietary right in land should be pursued as against the developer. This complex prospect envisaged here is only applicable to parent titles subjected to restriction in interest, but certainly it must be considered from the point of view that as a matter of the state’s policy all present alienation of land are leasehold and generally subjected to the restriction in interest against transfer, sale and or lease without the state’s approval. In short if the consent of the developer were prior secured before the any steps are initiated to purport finality in the assignment save service to the developer, such vexing instances would not arise. It would also be most prudent to apply this concern with equal credence to the interest of financiers–assignee in the context of the subsequent right to a legal charge over the land in question. 4. Firstly it is submitted that the ratio of the case of Hendry v Chartsearch Ltd (The Times) September 1998 [Court of Appeal] being that where a contract contains prohibitions of assignment; such consent to allow a purported assignment cannot be in all instance unreasonably withheld would find similar support favor or footing in the local common law. Therefore this would mean that a purchaser of a non–commercial housing development contract would not encounter any unreasonable objection to the proposed assignment.. It is conceded that there are recalcitrant developers who elect to impose unreasonable conditions to 'permit’ the proposed assignment but such elections would probably fall within the limits of reasonability. This would mean to accrue the benefits that would be secured if the right of assignment of a non–commercial housing development contract is subjected to prohibitions, can only be repetitively enjoyed if such prohibitions is maintained. Many may label this perverse presentation of fact but a fact it is nonetheless. 5. It is believed that the usual form of deed of assignment that is utilized in Malaysian Conveyancers would invariably contain the element of novation as envisaged in section 63 of the Contracts Act 1950. However it is not known whether many who rely on such boilerplate clauses in deed of assignment is able to comprehend the difference between an assignment and a novation. The severely painful consequence of not be able to comprehend the difference, when drafting an instrument of assignment, between the both is best illustrated by the fairly recent cases of TT Martech Sdn Bhd v Wing Construction Sdn Bhd (M) Sdn Bhd (2004) 8 CLJ 685. The formality for the effect of a novation is that the agreement to novate must be a tripartite agreement involving the original debtor and the creditor of the choses in action and the intended party agreeing to substitute in the place of the debtor to deliver the choses in action to the creditor ( G Ramchand v Lam Soon Cannery Co Ltd (1954) MLJ 239 at 241). Hence it is advocated when the developer endorses its consent on the deed of assignment that the developer becomes a party to the deed thus resulting in the compliance with the formality of the novation. Without the formality of the novation being complied with the purported novation will not of legal validity and that would result in the assignor of a non–commercial housing development contract to remain liable for the obligations under the same. Imagine after selling of a property you remain liable to the maintenance fee of the property! Shocking? But true. (Perhaps for the doubters the wisdom of the effect of the case of Isabela Madeline Roy & Ors V Sarimah Low bte Abdullah & Ors (2005) 2 MLJ 521 can and should now be valued under a different light.) It is also important to consider that present regime of provision of the statutory sale and purchase agreement does implicitly impose the requirement of consent prior to an assignment that would result in the legal effectiveness of the novation implication of the proposed conveyance. For the benefit for those who finds this argument difficult a simple manner to comprehend this is that a in a non–commercial housing development contract, especially more for stratified development, there are reciprocal obligations that are imposed on the purchaser pending the formation of the management corporation and expiry of the initial period, such as payment of maintenance and contributions to the apportioned fire insurance policy and other outgoings of the strata building. These are obligations that cannot be assigned – obligations cannot be assigned.. obligations can only be novated. C. Consent for assignment for other commercial contracts Unless persuasive arguments are advanced to discover valid and prevailing public interests to render any stated prohibitions in any specie of commercial contract against assignment to be contrary to public interest, there is presently no basis to suggest that the present state of the law pertaining prohibitions against assignment should be overhauled. The concept of laissez faire if accepted should be embraced without limitation save and unless such freedom resulting in the encroaching of the rights of the general public. And more importantly in private commercial contracts made between two or more sui juris and consenting legal entities there appears to be no public interest reason whatsoever why the parties thereto cannot insist that the promises contained in the contract that is made is to be performed specifically by the parties to the contract. After all who can deny that in the modern world the majority commerce are decided base on the bedrock of relationship or acquaintance. Even genuine price orientated contracts would rest on the existence of a relationship. If so then contracts constructed base on relationship of the parties necessitates the performance of the parties to the contract. This is an economical reality that again necessitates the finding of a legal standing and consequence of such relationship. D. A final word One should always contract with his eyes wide open. Ignorance of the effect so–called boilerplate clauses, which usually would include prohibition clauses against assignment and novation would not rectify a invalid assignment. Ill–conceived assignment is of the real probability of resulting in significant financial losses. The cases of Incacon and TT Martech (above) are frightening but nonetheless real and more importantly very recent examples; there are likely many more; hidden and probably unknown cases of such instance that is biding its time – waiting for the correct moment to detonate. If all goes well then the folly would be forgotten and swept under the carpet, however if the undesirable should occur then price would be paid – a very heavy price which would usually be an arduous financial obligation or loss. Lastly in the cases of assignment of non–commercial housing development contracts, it would be most prudent to ensure that the consent of the developer is properly endorsed on the deed of assignment to ensure the compliance of the formalities of the element of novation contained therein failing which the legal consequence can be for a want of better words rather unintentionally amusing. Contract is not an easy subject being very much alike the game of “Reversi” it may take the shortest of period to understand the basics but to tame this great creature of the law it is an undertaking of a lifetime.

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is assignment help legal in malaysia

Malaysia – Statutory Assignment Vs Equitable Assignment.

December 4, 2023 by Rohin Pujari

This article attempts to provide a brief overview of the differences between statutory assignment and equitable assignment. The actual application of the general rules described here would be subject to the applicable distinct facts and circumstances.

What is Assignment?

An assignment is a transfer of rights or liabilities such as those that arise under an instrument, chose in action[1], or debt. An assignment can either be a statutory assignment or an equitable assignment.

In Malaysia, an assignment complying with Section 4(3) of the Civil Law Act 1956 was described as a ‘statutory assignment’ and an assignment not complying with Section 4(3) of the Civil Law Act 1956 was a ‘non-statutory assignment’ i.e., an equitable assignment.[2] The conditions of a statutory assignment are as follows:[3]

(a) it must be absolute and did not purport to be by way of charge only;

(b) the assignment was in writing under the hand of the assignor; and

(c) express notice in writing thereof had been given to the debtor or trustee.

Meanwhile, an equitable assignment gives the assignee a right enforceable only in equity. The mode or form of assignment is absolutely immaterial provided the intention of the parties is clear.[4]

Rules that Govern Assignments

(a) Notice

Written notice is an essential part of a statutory assignment. Therefore, it is ineffective unless strictly accurate – accurate, for instance, as regards the date of the assignment and the amount due from the debtor.[5]

However, notice is not necessary to perfect an equitable assignment. Even without notice to the debtor the title to the assignee is complete, not only against the assignor personally, but also against the persons who stand in the same position as the assignor, as, for instance, his trustee in bankruptcy, a judgement creditor or a person claiming under a later assignment made without consideration.[6]

In regard to the form of notice, as mentioned earlier, a statutory assignment must comply with the form of notice required under Section 4(3) of the Civil Law Act 1956, whilst for an equitable assignment, no particular form is required to constitute a valid equitable assignment.

Additionally, it must be noted that although notice is not required for equitable assignments, an assignee must give notice to the debtor in order to get priority over other assignee(s). In this regard, the Federal Court in Public Finance Bhd v Scotch Leasing Sdn Bhd (In Receivership) (Perwira Habib Bank Malaysia, Intervener) [1996] 2 MLJ 369 explained in detail about the importance of notice:

“ We need to say a few words more about the great desirability of giving notice of assignment of a debt by an assignee to the debtor, even though absence of such notice does not affect the validity of the equitable assignment as between the assignor and the assignee. If notice is not given, the assignee must give credit for any payment made to the assignor by the debtor. This rule means that, by extension, even if the assignor assigns once more the debt to another person in fraud or otherwise on the earlier assignee, and that other person gives notice to the debtor; and if the debtor pays that other person or the second assignee, then the earlier assignee must still give credit to the debtor for his payment thus, for the debtor cannot be blamed for doing lawfully in ignorance of the title of the earlier assignee who has failed to give notice of the assignment to the debtor. Notice to debtor is for the protection of the assignee himself. It is this effect of what the debtor does lawfully as described that dims the view of the true role of the nemo dat rule in the resolution of disputed claims to a same debt. The money paid to the ‘second assignee’ can, of course, be recovered by the earlier assignee on the nemo dat principle. ”

(b)  An assignee takes subject to equities

For both statutory assignment and equitable assignment, the assignee takes ‘subject to equities’, that is, subject to all such defences as might have prevailed against the assignor.

The general rule, both at law and in equity, is that no person can acquire title to a chose in action…from one who has himself no title to it.[7] In other words, the assignee can be in a no better position than the assignor was prior to the assignment.[8]

(c)  Rights incapable of assignment

Some choses in action are not assignable, and not every right which arises under or out of a contract can be assigned.[9] An example of rights incapable of assignment is where the nature of the contract is intended to be personal, therefore, it will be meaningless if it is assigned to another person.

Effect of Assignment

A statutory assignment has the sole intended effect of facilitating an assignee to sue in his own name directly irrespective of whether the chose in action is an equitable chose in action or a legal chose in action.[10]

Meanwhile, the effect of an equitable assignment depends on whether the assignment is absolute or not. An absolute assignment of an equitable chose in action entitles the assignee to bring an action in his own name.[11] But a non-absolute assignment of an equitable chose in action does not entitle the assignee to sue in his own name but requires him to join the assignor as a party.[12]

is assignment help legal in malaysia

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  • ‘Chose in action’ is a known legal expression used to describe all personal rights of property which can only be claimed or enforced by action, and not by taking physical possession (Associated Tractors Sdn Bhd v Woo Sai Wa [1997] 5 MLJ 441 (High Court)).  
  • MBF Factors Sdn Bhd v Tay Hing Ju (T/A New General Trading) [2002] 5 MLJ 536 (High Court).  
  • Ibid.  
  • Williams Brandt Sons & Co v Dunlop Rubber Co [1905] AC 454 (House of Lords).  
  • Leong, A. P. B. (1998). Cheshire, Fifoot and Furmston’s Law of Contract (2nd ed.). Butterworths Asia, at page 861.  
  • Guest, A. G. (1984). Anson’s law of contract, at page 400.  
  • Meagher, R. P., Heydon, J. D., & Leeming, M. J. (2022). Meagher, Gummow and Lehane’s Equity Doctrine and Remedies (4th ed., p. 284). Butterworths LexisNexis.  
  • Guest, A. G. (1984). Anson’s law of contract, at page 402.  
  • Lim Chon Jet @ Lim Chon Jat & Ors v Wee Ai Hua & Anor [2022] 6 MLJ 243 (Court of Appeal).  

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Statutory Assignment vs Equitable Assignment

This article attempts to provide a brief overview of the differences between statutory assignment and equitable assignment. The actual application of the general rules described here would be subject to the applicable distinct facts and circumstances.

What is Assignment?

An assignment is a transfer of rights or liabilities such as those that arise under an instrument, chose in action 1 , or debt. An assignment can either be a statutory assignment or an equitable assignment.

In Malaysia, an assignment complying with Section 4(3) of the Civil Law Act 1956 was described as a ‘statutory assignment’ and an assignment not complying with Section 4(3) of the Civil Law Act 1956 was a ‘non-statutory assignment’ i.e., an equitable assignment. 2 The conditions of a statutory assignment are as follows: 3

(a) it must be absolute and did not purport to be by way of charge only;

(b) the assignment was in writing under the hand of the assignor; and

(c) express notice in writing thereof had been given to the debtor or trustee.

Meanwhile, an equitable assignment gives the assignee a right enforceable only in equity. The mode or form of assignment is absolutely immaterial provided the intention of the parties is clear. 4

Rules that Govern Assignments

Written notice is an essential part of a statutory assignment. Therefore, it is ineffective unless strictly accurate – accurate, for instance, as regards the date of the assignment and the amount due from the debtor. 5

However, notice is not necessary to perfect an equitable assignment. Even without notice to the debtor the title to the assignee is complete, not only against the assignor personally, but also against the persons who stand in the same position as the assignor, as, for instance, his trustee in bankruptcy, a judgement creditor or a person claiming under a later assignment made without consideration. 6

In regard to the form of notice, as mentioned earlier, a statutory assignment must comply with the form of notice required under Section 4(3) of the Civil Law Act 1956, whilst for an equitable assignment, no particular form is required to constitute a valid equitable assignment.

Additionally, it must be noted that although notice is not required for equitable assignments, an assignee must give notice to the debtor in order to get priority over other assignee(s). In this regard, the Federal Court in Public Finance Bhd v Scotch Leasing Sdn Bhd (In Receivership) (Perwira Habib Bank Malaysia, Intervener) [1996] 2 MLJ 369 explained in detail about the importance of notice:

“ We need to say a few words more about the great desirability of giving notice of assignment of a debt by an assignee to the debtor, even though absence of such notice does not affect the validity of the equitable assignment as between the assignor and the assignee. If notice is not given, the assignee must give credit for any payment made to the assignor by the debtor. This rule means that, by extension, even if the assignor assigns once more the debt to another person in fraud or otherwise on the earlier assignee, and that other person gives notice to the debtor; and if the debtor pays that other person or the second assignee, then the earlier assignee must still give credit to the debtor for his payment thus, for the debtor cannot be blamed for doing lawfully in ignorance of the title of the earlier assignee who has failed to give notice of the assignment to the debtor. Notice to debtor is for the protection of the assignee himself. It is this effect of what the debtor does lawfully as described that dims the view of the true role of the nemo dat rule in the resolution of disputed claims to a same debt. The money paid to the ‘second assignee’ can, of course, be recovered by the earlier assignee on the nemo dat principle. ”

(b) An assignee takes subject to equities

For both statutory assignment and equitable assignment, the assignee takes ‘subject to equities’, that is, subject to all such defences as might have prevailed against the assignor.

The general rule, both at law and in equity, is that no person can acquire title to a chose in action…from one who has himself no title to it. 7 In other words, the assignee can be in a no better position than the assignor was prior to the assignment. 8

(c) Rights incapable of assignment

Some choses in action are not assignable, and not every right which arises under or out of a contract can be assigned. 9 An example of rights incapable of assignment is where the nature of the contract is intended to be personal, therefore, it will be meaningless if it is assigned to another person.

Effect of Assignment

A statutory assignment has the sole intended effect of facilitating an assignee to sue in his own name directly irrespective of whether the chose in action is an equitable chose in action or a legal chose in action. 10

Meanwhile, the effect of an equitable assignment depends on whether the assignment is absolute or not. An absolute assignment of an equitable chose in action entitles the assignee to bring an action in his own name. 11 But a non-absolute assignment of an equitable chose in action does not entitle the assignee to sue in his own name but requires him to join the assignor as a party. 12

  • ‘Chose in action’ is a known legal expression used to describe all personal rights of property which can only be claimed or enforced by action, and not by taking physical possession (Associated Tractors Sdn Bhd v Woo Sai Wa [1997] 5 MLJ 441 (High Court)).
  • MBF Factors Sdn Bhd v Tay Hing Ju (T/A New General Trading) [2002] 5 MLJ 536 (High Court).
  • Williams Brandt Sons & Co v Dunlop Rubber Co [1905] AC 454 (House of Lords).
  • Leong, A. P. B. (1998). Cheshire, Fifoot and Furmston’s Law of Contract (2nd ed.). Butterworths Asia, at page 861.
  • Guest, A. G. (1984). Anson’s law of contract, at page 400.
  • Meagher, R. P., Heydon, J. D., & Leeming, M. J. (2022). Meagher, Gummow and Lehane’s Equity Doctrine and Remedies (4th ed., p. 284). Butterworths LexisNexis.
  • Guest, A. G. (1984). Anson’s law of contract, at page 402.
  • Lim Chon Jet @ Lim Chon Jat & Ors v Wee Ai Hua & Anor [2022] 6 MLJ 243 (Court of Appeal).

Written by:

Nur Izzatie Azlan & Narina Aireen Hilmy Zaini  ( [email protected] )

Corporate Communications Azmi & Associates 28 November 2023

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Dear Valued Clients,

Following the national fiscal (Budget 2024) announcement, the proposed Service Tax (ST) rate will be increased from the current rate of 6% to 8% with effect from 1 March 2024, on selected taxable services including the legal services sector.

At this point, Azmi & Associates (“ the Firm ”) has outlined a tentative approach to the proposed increase in ST, pending further clarifications and implementation guidelines from the relevant Ministry and the Royal Malaysian Customs Department.

During this period, the Firm reserves the right to update or modify the information as deemed necessary.

1. Effective Date The anticipated effective date for the implementation of the new tax rate (8%) is set for 1 March 2024.

2. Transitional rules for the proposed increase in Service Tax rate a. Service Tax at 6% is applicable on taxable services provided before 1 March 2024; Service Tax at 8% is applicable on taxable services provided post 1 March 2024. b. Taxable services spanning 1 March 2024: • Service Tax at 6% for the portion of taxable services provided before 1 March 2024 • Service Tax at 8% for the portion of taxable services provided post 1 March 2024

Should you have any queries or require further clarification on this matter, please feel free to reach out to us. We highly value our client relationships and are dedicated to ensuring a seamless transition through these changes.

Corporate Communications, Azmi & Associates – 16 February 2024

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Decoding the Legal Quandary: Embracing Assignment Help in Malaysia

In the vast legal landscape of Malaysia, where complex cases and intricate laws intertwine, navigating the daunting path to success can often feel like deciphering an enigmatic code. The realm of legal studies demands unwavering dedication, tireless research, and impeccable attention to detail. However, amidst mounting pressures and countless challenges faced by aspiring lawyers or law students in Malaysia, a groundbreaking solution has emerged – assignment help. This transformative approach promises to decode the very heart of our legal quandaries and revitalize the way we embrace education. In this article, we delve into the world of assignment help services in Malaysia – uncovering how they have become a vital tool for both learners and practitioners alike – shedding light on their potential benefits while objectively examining any concerns that may arise from these innovative platforms. So join us as we embark on a quest to unravel the mysteries surrounding this contemporary phenomenon: Decoding the Legal Quandary – Embracing Assignment Help in Malaysia!

Table of Contents

1. breaking the code: unraveling the legal maze in malaysia, 2. unlocking success: the power of assignment help in malaysian law studies, 3. navigating complexity: why students in malaysia are seeking assignment assistance, 4. from quandary to clarity: how online support is revolutionizing legal education in malaysia, 5. a helping hand: embracing collaborative learning through assignment help services in malaysia, 6. bridging the gap: addressing challenges faced by law students with professional guidance, 7. embracing innovation: exploring the role of technology in enhancing legal education and performance.

Malaysia’s Legal Maze

The legal situation in Malaysia can be complex and difficult to navigate for the uninitiated person or company. The nation has a hybrid system of law that includes indigenous customary laws as well as English common law. This means it is necessary for those who are unfamiliar with the Malaysian legal system to understand their rights, duties and obligations when hosting business operations within its borders.

  • Primarily there are three different types of courts operating in Malaysia – secular civil courts, administrative tribunals (for labour disputes) and Islamic shariah courts.
  • The Civil Courts have jurisdiction over almost all areas except for land matters which fall under the purview of state legislative enactments or local customs; these cases will then be heard by either sessions court or high court depending on severity.
  • Administrative Tribunals mainly deal with industrial relations complaints such as wrongful dismissal, unfair trade practices etc whereas Shariah Courts handle criminal offences committed by Muslim citizens but also administer Islamic Family Law pertaining to marriage dissolution, guardianship rights etc.

The Benefits of Assignment Help for Malaysian Law Students

For law students in Malaysia, seeking assistance with their studies is both legal and essential. Many may not realize that assignment help can be a valuable asset in helping them succeed, but the research is clear: those who use trustworthy resources to assist with assignments and coursework consistently outperform their counterparts who choose to work alone.

One reason why those investing in online tutoring services receive such tangible results is because of its focus on understanding rather than memorization. The process helps break down complex ideas into more manageable pieces, resulting in an improved comprehension that leads to increased grades overall. Such holistic study methods have the added benefit of encouraging self-discipline and fostering better habits throughout one’s academic career.

  • Assignment help assists by providing clarity around confusing topics.
  • Its emphasis on deep comprehension develops solid skills when dealing with difficult material.
  • The approach promotes discipline across subjects over time.

Additionally, individuals often find themselves facing tight deadlines or procrastination issues due to various factors outside of their control. Again, this creates an opportunity for mentor-led services as they are uniquely positioned to provide prompt yet consistent guidance while remaining impartial about the situation at hand. Utilizing reliable sources for “assignment help” within Malaysian Law Studies will undoubtedly lead towards greater success during a student’s educational journey as these positive reinforcement tools equip learners with important problem solving skills along with proactive approaches which can then transfer out into other areas of life too!

The Malaysian education system is renowned for its rigorousness and challenging curriculum. Many students struggle with the complexities of their studies especially when it comes to assignments, which require deep knowledge of specific topics as well as position taking on them often within a limited timeframe. As such, many Malaysian students have found assistance from online services that provide assignment help.

Some factors behind this rising trend include:

  • A growing awareness among college and university level students about the availability of professional writing services.
  • The pressure due to target deadlines and other activities like sports or student organizations.

However, one issue remains unanswered – is it legal for Malaysian students to seek assignment help? In most cases yes, provided they meet certain conditions. A salient example includes submitting an original paper without any copyright infringement – meaning no plagiarism or duplicate content – which can be verified using sophisticated software filters used by tutors worldwide.

Although there may exist some hurdles in obtaining legal assignment help in Malaysia , ultimately consumer protection laws apply here too thus making these services available if kept within ethical limits.

Legal education in Malaysia is facing a revolution through the power of contemporary online support services. These enable students to go from quandary to the clarity that they need for success in their legal studies and future careers as lawyers, advocates, solicitors or anything else related to the law profession.

  • Effective Collaboration
  • Simple Accessibility & Relevant Resources

Exploring Collaborative Learning Learning collaboratively has become increasingly popular in higher education owing to its ability to inspire critical thinking and build the confidence of students. With this growing potential, countries like Malaysia have started embracing collaborative learning through assignment help services. This type of service allows students from different educational backgrounds to team up with one another on a project or task under the guidance of an expert mentor.

The primary aim is for each student involved in the workgroup to learn from their peers by exchanging knowledge and ideas while maximizing productivity as a unit. It also helps sharpen problem-solving skills which are desired for success in any field or career path chosen after graduation.

  • Assignment help services allow students from diverse cultural backgrounds collaborate online.
  • Provide mentors who will guide them through all stages of achieving assignments successfully.

Moreover, such services seek to create social networks between individuals working together, thus providing importance not only on academic achievement but building interpersonal relations too. However, it should be noted that these types of services may not always lead to successful outcomes due its inherent complexity; hence there must be clear guidelines set down with regards communication expectations among participants as well as time management methods used during collaboration projects. Is assignment help legal in Malaysia? Yes – Assignment Help Services are available legally throughout Malaysia and can prove useful resources when needing assistance completing tasks efficiently .

Moving Toward Solutions

Practicing lawyers, legal mentors and educators can all play a role in addressing the challenge faced by law students. Supporting programs provide guidance to help them navigate their academic studies and gain insight into professional practices of the members within the field. Mentors from different areas of practice have offered helpful advice on selecting electives, drafting documents or even providing an understanding of how courts interact with counsels.

Additionally, professors that specialize in relevant fields may be able to offer additional insights for those who are looking to bridge the gap between “lawyers-in-training” and established professionals in their respective discipline(s). Furthermore, resources such as Assignment Help Legal In Malaysia , online forums etc., provide more accessible sources for fellow practitioners with common interests or expertise which can guide newer peers should they decide to pursue this avenue.

The rapid development of technologies such as artificial intelligence (AI), big data, and the Internet of Things (IoT) has disrupted traditional educational methods, providing an opportunity for legal educators to embrace innovative strategies for enhancing student performance. In pursuit of this objective, there is tremendous potential in leveraging these technological advances to improve teaching quality and also develop a more immersive learning experience. For instance, AI-powered systems can be used to provide personalized instruction by recognizing patterns in student learning behavior and tailoring interactive content accordingly. Additionally, through the use of specialized software platforms it’s possible to create virtual simulations that recreate real-world situations such as courtroom proceedings or corporate negotiations.

  • Is assignment help legal in Malaysia?

Such simulations enable students to apply their theoretical knowledge under realistic conditions while gaining valuable practical skills without leaving the classroom environment. Furthermore, advancements in analytics technology allow institutions to collect and interpret student related metrics pertaining delivery efficiency or overall course effectiveness over time with greater accuracy. These insights can then be utilized further refine current practices or devise new methods aimed at improving both curricular efficacy &student success rate.

A critical point worth mentioning here is that any successful effort towards incorporating technology into Legal Education should consider carefully addressing issues concerning security assurance &privacy compliance so as prevent unwanted data breaches due unintended consequences resulting from misuse/abuse within these highly sensitive domains.

Q: What is the Legal Quandary and how does it relate to assignment help in Malaysia?

A: The Legal Quandary refers to the legal concerns surrounding the use of assignment help services in Malaysia. It delves into questions about academic integrity, plagiarism, copyright infringement, and ethical considerations.

Q: Why are assignment help services gaining popularity in Malaysia?

A: Assignment help services have become popular due to several factors. Students often face overwhelming workloads and lack sufficient time or resources to complete their assignments on their own. Seeking assistance from professionals helps them meet deadlines while maintaining a balance between academics and other commitments.

Q: Are these assignment help services legal in Malaysia?

A: While there is no explicit legislation directly addressing these services, they operate within a gray area of legality. Some argue that using such services violates academic regulations concerning originality and intellectual property rights. However, others believe that as long as students do not claim someone else’s work as their own without proper attribution, these services can be considered legitimate aids for learning.

Q: Does availing oneself of an assignment help service constitute cheating or plagiarism?

A: It depends on how one utilizes the assistance received through these platforms. If used ethically as a reference guide or study aid rather than submitting someone else’s work verbatim under your name, it doesn’t necessarily equate to cheating or plagiarism. However, if students fail to properly attribute borrowed content or submit pre-written essays claiming authorship themselves, it crosses into unethical territory.

Q: Are universities taking any measures against this growing trend?

A: Universities acknowledge the presence of assignment help platforms but take different approaches regarding their usage by students. Some institutions strictly prohibit any form of external assistance beyond consulting with tutors or professors only; others advocate responsible utilization where collaboration outside university resources is permitted but with clear guidelines defining permissible boundaries.

Q: How can students strike a balance between seeking assistance and maintaining academic integrity?

A Student needs to approach assignment help services with caution and responsibility. It is crucial to make use of these resources as learning aids, understanding the concepts behind the provided solutions, and utilizing them for reference purposes only. Students should exercise critical thinking, actively participate in discussions related to their assignments, and be aware of what constitutes original work.

Q: What are some alternative methods students can employ instead of seeking external assistance?

A: Apart from hiring assignment help services, students can explore various alternatives like forming study groups or reaching out to tutors within their universities. University libraries often provide vast academic resources that can aid in research for assignments. Proper time management skills coupled with effective communication with professors or teaching assistants may also alleviate the pressure associated with completing assignments independently.

Q: How does embracing assignment help reflect on Malaysia’s education system?

A: The acceptance or rejection of assignment help reflects a broader stance on how Malaysian education values self-reliance versus collaborative learning approaches. By recognizing external assistance platforms while simultaneously setting clear boundaries for ethical utilization, the education system has an opportunity to adapt effectively by integrating technology-driven educational support into its pedagogy without compromising integrity standards+.

In conclusion, the legal landscape in Malaysia has never been more complex and demanding. The intricacies of intricate laws, ever-changing regulations, and rigorous academic requirements have left many law students grappling with a profound quandary. However, amidst this challenging labyrinth lies an innovative solution that promises to decode the legal enigma – embracing assignment help.

By turning to assignment help services in Malaysia, law students are finding a respite from overwhelming academic burdens. These services provide invaluable guidance and support on various topics ranging from constitutional law to contract interpretation. Their adept team of experts possesses vast experience and expertise across multiple domains of Malaysian jurisprudence.

But why should one embrace assignment help? Well, as we delve deeper into contemporary education systems where time is limited yet expectations are sky-high; seeking assistance becomes an undeniable necessity rather than a taboo notion. Embracing these services not only enhances academic performance but also cultivates essential skills such as critical thinking and analytical reasoning – indispensable assets for budding lawyers.

It is crucial to acknowledge that approaching assignment help does not equate to cheating or laziness; instead, it signifies astute resourcefulness combined with determination towards self-improvement. By utilizing these platforms responsibly – as educational supplements rather than outright replacements -students can benefit immensely by leveraging valuable insights provided by academicians well-versed in Malaysian legal matters.

Moreover, through personalized consultations offered by reputed service providers, learners can gain unparalleled clarity on intricate concepts while strengthening their understanding of case studies relevant within the local context—a rare opportunity that traditional classroom settings may fail to provide comprehensively.

Nevertheless, it is imperative for students considering assignment help services always tread cautiously amongst numerous options available online today. Thoroughly researching trustworthy companies with positive user reviews will ensure they receive reliable assistance without compromising ethical standards or falling prey to fraudulent schemes prevalent in this digital age.

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December 26th, 2022

How To Write A Case Note In Malaysia

How To Write A Case Note In Malaysia

As a law student in Malaysia, one of the most important skills you will need to develop is how to write a case note. Writing a case note is a critical process that involves summarizing and analyzing the facts, issues, and legal principles of a particular legal case. Learning how…

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FIFA

Pangon: It’s normal in Malaysia to have 80,000 at games

Kim Pangon discusses the immense passion of the Malaysia supporters, their excellent form since he took over and their style of play.

FIFA

Malaysia have won opening two second-round games of AFC World Cup qualifying

Korean coach Kim Pangon has transformed team's fortunes

He speaks exclusively to FIFA about his methods and ambitions

Although it is now 20 years since Malaysia were last in the top 100 on the FIFA/Coca-Cola World Ranking, they have been showing signs of improvement in recent times. The Malaysian Football Association (MFA) appointed Kim Pangon as national-team coach in January 2022 following his stint as technical director at the Korea Football Association (KFA). Kim played a key role in bringing in Paulo Bento, who coached Korea Republic during their run to the last 16 at the FIFA World Cup Qatar 2022™.

In a short space of time, Kim has assembled a solid squad of players and a team that is clearly on the rise. Most notably, the south-east Asian side defeated Kyrgyzstan and Chinese Taipei last month in their first two matches of the second round of Asian qualifying for the FIFA World Cup 26™. A closer look at the stats shows Malaysia won just three of their 10 fixtures prior to Kim's appointment, but have won 18 from 27 since he took over. FIFA caught up with Kim to find out how he has transformed Malaysia.

FIFA: Malaysia are not the first national team you have coached. You also had a spell in charge of Hong Kong in the early 2000s. How do you reflect on that period? FIFA: Malaysia are not the first national team you have coached. You also had a spell in charge of Hong Kong in the early 2000s. How do you reflect on that period?

Kim Pangon: I was working as a head coach at South China AA in Hong Kong at the time. The Hong Kong FA asked me if I could take over their national team, so I worked with both the South China side and Hong Kong at the same time. In my first assignment, we eliminated Korea DPR in the East Asian Cup qualifiers and reached the final round. We then went on to win gold at the East Asian Games after beating the likes of Japan and Korea Republic. I've now been given a chance in Malaysia.

We are starting to see more South Korean coaches work away from their home country. What do you think the reason for that is? We are starting to see more South Korean coaches work away from their home country. What do you think the reason for that is?

Korean coaches are now very popular in south-east Asia and have been recognised for their development skills and ability to get results. I’m very proud of what Park Hangseo has done with the Vietnam national team and Shin Taeyong with Indonesia. Even though I’m working in Malaysia, I’m proud to be a coach representing Korea Republic. You must have a sense of being on a mission to get good results, and also pave the way for others to follow. And now that Korean coaches are doing this extensively in south-east Asia, I’d like to see my compatriots have the opportunity to work in countries where the level of football and competition is higher.

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When you were technical director of the South Korean FA, you appointed Paulo Bento, who guided the national team to the last 16 of the World Cup for the first time in 12 years. Can you tell us why you left the KFA to take charge of Malaysia? When you were technical director of the South Korean FA, you appointed Paulo Bento, who guided the national team to the last 16 of the World Cup for the first time in 12 years. Can you tell us why you left the KFA to take charge of Malaysia?

Well, in Malaysia, they think it's normal to have 80,000 people attend the final of their cup competitions! The passion for the game in Malaysia is so great that fans are often unable to get tickets for fixtures. In that sense, what attracted me most was the national team supporters' group, the Ultras Malaya. I’d previously travelled to Malaysia as the head coach of Hong Kong for two games. On both of these visits, I was very impressed with the Malaysian fans. Watching the Ultras Malaya get behind their team inspired me to want to be the head coach of a side with that kind of support. When I was offered the job here, my first thought was that I wanted to give it another go as a head coach rather than an administrator. Secondly, I was eager to experience the support of those fans.

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You’ve had a 66 per cent win rate since taking over – the highest percentage of any Malaysia coach to have been in charge for at least 10 games. What are the main things you’ve changed since coming in? You’ve had a 66 per cent win rate since taking over – the highest percentage of any Malaysia coach to have been in charge for at least 10 games. What are the main things you’ve changed since coming in?

The biggest difference is that we defend more actively. We're not just reacting but being proactive in defence, forcing our opponents into errors. We start defending higher up the pitch and are always looking for better ways to play actively in defence. To that end, I continuously study teams around the world with the best defensive methods. Many people have misconceptions about the concept of proactive football, which they think of as just football with lots of possession. However, proactive football means players make their own assessments about situations and play accordingly. Initially, I told the players that if they saw space, they shouldn't be afraid to move forward and occupy it. I emphasised to them that if they have to take risks, they should take them further up the field. With that active defending, we conceded fewer goals than if we’d dropped back and defended deep. This has transformed the dynamic of Malaysian football. These changes have raised the bar for Malaysia, which I consider to be good type of pressure, so I'm very happy.

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Malaysia came from 3-1 down to beat Kyrgyzstan 4-3 in their opening World Cup 26 qualifier. What impact did this win have on your team? Malaysia came from 3-1 down to beat Kyrgyzstan 4-3 in their opening World Cup 26 qualifier. What impact did this win have on your team?

Actually, our problem was that even though we’re ranked 137th in the world according to the FIFA rankings, everyone in Malaysia assumed that we would beat Kyrgyzstan, who are ranked 97th! On the day of the match, I think even the players thought we could easily win. We scored the first goal and we had chances to extend our lead but didn’t take them, maybe because the players thought it was then going to be easy. I thought that was disrespectful to our opponents. Conversely, after conceding the first goal, Kyrgyzstan finished off the only two chances they had and took the lead.

I usually show the players some video clips at half-time to give them feedback and explain the game plan for the second half. But I didn't do it that day. I switched off the video and told the players, 'This is the reality. This is what teams in the top 100 of the FIFA rankings can do, and the reality is that we are not in the top 100. Given your attitude in the first half, it's not even worth watching and analysing the video. You have to always remember that you are 137th in world, so you have to respect your opponents and make the most of your scoring chances. But I can't help you if you play with this attitude. In the second half, you guys have to find your own way and play.' However, when the second half started, we conceded another goal, and I was disheartened. Still, to come from behind to win a game like that is a testament to the players' skill and potential.

We then faced Chinese Taipei and had a narrow 1-0 win, even if the quality of that game was much better than the scoreline suggests. Our style of play was what I wanted. The tactical approach I proposed was better expressed in our second game. I hope to keep delivering such good performances and results to entertain the Malaysian fans.

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In your previous roles with Hong Kong and the KFA, you’ve been known for making impressive long-term improvements. Do you feel, with Malaysia, you have shown you can significantly improve teams in the short-term too? In your previous roles with Hong Kong and the KFA, you’ve been known for making impressive long-term improvements. Do you feel, with Malaysia, you have shown you can significantly improve teams in the short-term too?

People who really know me well already know my abilities. When I was appointed interim head coach of Busan IPark, I turned things around, taking a team that remained winless in over 20 consecutive games to winning four games in a row. When I took charge of South China AA, I came in mid-season and we got to the AFC Cup semi-finals, winning both the domestic league and cup. With Hong Kong I took the team to the final round of the East Asian Cup and won the East Asian Games. One of my strengths is that I have multiple strategies and systems clearly defined to cope with different games. So I can quickly get a poorly performing team back on track.

When I first came to Malaysia, I think I built 60 to 70 per cent of what we have now in our first training camp. That's why we won our first game against the Philippines. It’s important for a coach to have the necessary knowhow when building a team. As coach of a national team, there's not much you can do without a clear game model, because you don't have enough training time. Using a specific tactical set-up for one game and then a completely different one for the next game is the wrong way to go in my opinion. It can be a way to make excuses. Malaysia now has a well-defined game model that it uses. If you have the expertise, you'll be able to take on any team, any time. Those who know me well will know that I have a history of delivering results in a short period of time.

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In January, Malaysia will face your home country, Korea Republic, in the AFC Asian Cup. How does it feel to coach a team against your home nation? And what are your ambitions with this Malaysia side? In January, Malaysia will face your home country, Korea Republic, in the AFC Asian Cup. How does it feel to coach a team against your home nation? And what are your ambitions with this Malaysia side?

It's not so much about beating Korea Republic in the Asian Cup, it is about Malaysia being able to compete with the best team on the continent. The fact that we're able to compete against some of the world’s best players is pretty good for me. It's hard for us to beat a top-seeded side, of course, but just going up against them is the best motivation. And it's not just Korea Republic, it's Bahrain and Jordan [who are also in Malaysia's group], who are much stronger than us. However, we‘re aiming to win at least one of the matches to make the Malaysian fans happy. The goal is to reach the Round of 16 at the Asian Cup.

It would be nice to win another two of the four remaining World Cup qualifiers. If we can make it to the third round of World Cup qualifying, that would bring a lot of joy to the Malaysian people. I want to make big strides in terms of football development in Malaysia. In the long term, I want to see the national team in the top 100 of the FIFA rankings.

Artwork and photo courtesy of Hong Geunhyeok and Football Association of Malaysia (FAM).

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