Rehabilitation of abandoned housing projects of liquidated housing-developer-companies: a comparative legal analysis between the position in Malaysia and in The United Kingdom

Md Dahlan, Nuarrual Hilal and Syed Abdul Kader, Sharifah Zubaidah (2012) Rehabilitation of abandoned housing projects of liquidated housing-developer-companies: a comparative legal analysis between the position in Malaysia and in The United Kingdom. Malayan Law Journal, 4. cxvii-cliv. ISSN 0025-1283

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Abstract

Although the Malaysian government has enacted law and formulated policies to govern the housing industry since it achieved Independence in 1957, abandoned housing projects remain a recurrent problem until today. The real victims are the purchasers themselves. When a housing developer company is wound up, the affair and business of the company of the company are taken over either by the private liquidator or provisional liquidator or the official receiver ('OR') under the Department of Insolvency. The liquidator may rehabilitate the abandoned projects left by the wound up housing developer companies, if the projects are viable for rehabilitation with the approval of the creditors, contributories, the committee of inspection and the court and where there are adequate funds to finance the rehabilitation. Otherwise, if the project is not viable, particularly because there are insufficient funds to run the rehabilitation or the problems of the abandoned housing projects are to complicated, the projects may be stalled forever without any prospects for rehabilitation, to the detriment of the purchaser. The position in the United Kingdom ('UK') in respect of similar issues is also comparatively analysed. At the end of this paper, the authors propose certain suggestions in facing the problems of abandoned housing projects of wound up housing developer companies and rehabilitation in Malaysia and in the United Kingdom.

Item Type:	Article (Journal)
Additional Information:	1742/28135
Uncontrolled Keywords:	comparative companies' liquidation laws; abandoned housing projects, rehabilitation, Malaysia, United Kingdom
Subjects:	K Law > KD England and Wales K Law > KPG Malaysia
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User:	Prof. Dr. Sharifah Zubaidah Syed Abdul Kader
Date Deposited:	13 Jan 2013 02:29
Last Modified:	15 Nov 2023 11:16
URI:	http://irep.iium.edu.my/id/eprint/28135

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