ORCID Profile
0000-0002-4361-7444
Current Organisations
University of Western Australia
,
HBA Legal (part of Crawford & Company)
,
National University of Malaysia
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Publications
Nocturnal foraging and activity by diurnal lizards: Six species of day geckos (Phelsuma spp.) using the night‐light niche
Publisher: Wiley
Date: 19-02-2021
DOI: 10.1111/AEC.13012
A Critique of the Strata Management Act's 'Social Legislation' Purpose Identified in Innab Salil v Verve Suites Mont' Kiara [2020] 12 MLJ 16 (FC)
Publisher: IIUM Press
Date: 16-05-2023
DOI: 10.31436/IIUMLJ.V31I1.786
Abstract: This case note provides a critique of the ‘Social Legislation’ purpose of the Strata Management Act 2013 identified in Innab Salil & Ors v Verve Suites Mont’ Kiara [2020] 12 MLJ 16 (‘Verve Suites’). This case note suggests that the ‘social legislation’ purpose identified in Verve Suites achieved two purposes. First, it identified the Act’s broad legislative purpose and guided its statutory interpretation. Second, it provided a normative rationale which justified why it should be read as taking precedence over other legislation. However, it is suggested that the words ‘social legislation’ applied to the Strata Management Act 2013 may be a misnomer. It is proposed that the Federal Court should reconsider a restatement of its findings on the ‘social legislation’ purpose of the Strata Management Act 2013.
TOWARDS ENFORCEABLE STANDARDS, RULES AND RIGHTS IN STRATA MANAGEMENT: AN ANALYSIS
Publisher: IIUM Press
Date: 19-12-2019
DOI: 10.31436/IIUMLJ.V27I2.433
Abstract: The Strata Management Act 2013 (Act 757) and the Strata Titles Act 1985 (Act 318) confer broad powers on strata communities to self-manage and self-regulate through body corporates (termed Strata Management Bodies). The policy behind these legislations promotes maximum autonomy and self-regulatory powers for Strata Management Bodies to, through their internal rule-making and decision-making processes, govern themselves in ways that best suit their needs and interests. Consequently, judicial and administrative recognition of Strata Management Bodies’ autonomy has left a lacuna of matters which are not justiciable by the Courts and/or the Strata Management Tribunal. This adversely affects homeowners’ ability to access substantive justice. This article, through doctrinal analyses of key Malaysian and Western Australian cases, sheds light on a selection of strata disputes illustrating the inadequacies of the law on strata title and strata management, and the lack of enforceable standards of good management practices. The article also explores how the apathetic application of general principles of company law to strata management bodies has left a lacuna of non-justiciability. Consequently, this article argues the case for strata law reform. It advocates for law reform that promulgate standards, rules and rights of good strata management as enforceable law, rather than mere general, high-level, unenforceable and unjusticiable principles.
Enemies of the People: How Judges Shape Society
Publisher: No publisher found
Date: 2021
NO ONE IS TOO SMALL TO MAKE A DIFFERENCE BY GRETA THUNBERG
Publisher: IIUM Press
Date: 28-12-2020
Pedra Branca: Story of the Unheard Cases by S Jayakumar, Tommy Koh and Lionel Yee
Publisher: Bond University
Date: 25-06-2020
DOI: 10.53300/001C.13473
Abstract: Book Review
Is Mediation a Process of ‘Law’? A Hart-Ian Perspective
Publisher: Penerbit Universiti Kebangsaan Malaysia (UKM Press)
Date: 02-04-2021
Abstract: Mediation, as a form of dispute resolution, is widely practiced. Nations across the world recognize it as an increasingly appropriate form of dispute resolution. But the existential question remains. Can we rightly ascribe the word ‘law’ to the processes of mediation? This article makes one qualified proposition. Mediation is an extra-legal process, unless it is used to realize the law (and justice). This is for two reasons. First, mediation’s processes and mediated outcomes do not in themselves cause judges’ obeisance and adherence. Mediated settlements must rely on the law of contract for its validity and efficacy. Second, even if mediation is legislated to form part of our law, it is extra-legal. It does not comport with the minimum content of natural law in that it does not guarantee the realization of the law and access to justice. If we are to regard mediation as law, mediation must be used to realize the law and guarantee access to justice.
Related Organisations
Related Funding Activities
No related grants have been discovered for Jing Zhi Wong.