Presentation of Final Research Report (FRGS) – Rehabilitation of Abandoned Housing Projects of the Wound Up Housing Developer Companies: A Study Toward Improving Insolvency Laws

Assalamualaykum and a very good day,

Please be informed that the School of Law, College of Law, Government and International Studies (COLGIS), Universiti Utara Malaysia (UUM) will hold a presentation session for the final research report (FRGS) of the following title:

“REHABILITATION OF ABANDONED HOUSING PROJECTS OF THE WOUND UP HOUSING DEVELOPER COMPANIES: A STUDY TOWARD IMPROVING THE INSOLVENCY LAWS”

All are invited.

1) Presenter: Dr. Nuarrual Hilal Md. Dahlan ACIS

2) Venue: Bilik Mesyuarat Perdana (BMP), UUM COLGIS (section B)

3) Date: 18 October 2011 (Tuesday)

4) Time: 10.30 am

Abstract

One of the main problems in the housing industry in Peninsular Malaysia is the abandoned housing projects.  Even though this problem is common since the 1970s, it still has not been effectively eliminated and sufficiently dealt with by the government.  It is evident that the existing Malaysian land, planning, building and housing laws as well as their regulations are still inadequate to protect the interests of the stakeholders especially the purchasers in abandoned housing projects.  In this respect, what are the interfaces between roles, functions and significance of the existing liquidation and insolvency laws and problems in abandoned housing projects?  Whether the provisions in the liquidation and insolvency laws can protect the interests of the stakeholders especially the aggrieved purchasers?  This research discusses the insolvency phenomena, laws and issues in abandoned housing projects, especially in respect of their rehabilitation in Peninsular Malaysia.  Certain review will be made to re-evaluate and re-examine the existing liquidation and insolvency legal provisions and remedies, in particular the Companies Act 1965 (Act 162), its rules, other relevant liquidation and insolvency legal sources and the case law. This research will also attempt to find and investigate the insolvency legal and non-legal weaknesses which have contributed or could contribute to the problems in rehabilitating abandoned housing projects.  Apart from these, the researcher will also ascertain the advantages, if any, of the existing insolvency legal framework which can be used to protect the interests of the aggrieved purchasers in abandoned housing projects.  The methodology of this research is a composite of qualitative case study and legal research methods.  It intends to explore the insolvency facts and the insolvency legal phenomena in two (2) abandoned housing projects viz, at Phase II, Taman Harmoni, Lot 82, Mukim of Cheras, District of Hulu Langat, Selangor and Phase 1A, 1B and 2 of Taman Lingkaran Nur, KM 21, Jalan Cheras-Kajang, P.T No. 6443, H.S.(D) No. 16848, Mukim of Cheras, District of Hulu Langat, Selangor.  The research finds that the current insolvency laws in Malaysia are still not able to face the problems of abandoned housing projects, particularly when the projects need rehabilitation and unable to protect the interests of the stakeholders.  At the ending part of the research report, the researcher suggests certain legal proposals to improve the current state of liquidation and insolvency laws in Malaysia in facing with the problems of abandoned housing projects and their rehabilitation.  From the research, it is hoped that certain findings in regard to liquidation and insolvency legal causes and problems plaguing abandoned housing projects and suitable liquidation and insolvency legal approaches toward their rehabilitations can be established for future guidelines. These will hopefully, assist the authorities concerned to adopt liquidation and insolvency legal policies and take certain liquidation and insolvency legal measures against any problems in abandoned housing projects from recurring in the future.

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