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Saturday, April 18, 2015

Lawyers who refused to return client RM4.9mil house sale struck off rolls

Singapore's Supreme Court.

Latest case is second instance of lawyers being disbarred in two weeks

SINGAPORE — Two senior lawyers were today (April 13) struck off the roll for taking advantage of a client who had transferred S$1.8 million to their wives for safekeeping.

Mr Manjit Singh Kirpal Singh and Mr Sree Govind Menon had claimed that the money paid by Ms Bernadette Rankine was a gift, and had refused to return the money when asked.

After Ms Rankine lodged a complaint with the Law Society, the duo fought proceedings against them, alleging bias by the disciplinary panel president and filing judicial reviews to challenge decisions of the Chief Justice.

Today, the Court of Three Judges – comprising Judge of Appeal Chao Hick Tin and Justices Judith Prakash and Tay Yong Kwang – ruled that the lawyers had been dishonest and ordered their disbarment. “In cases of proven dishonesty, a solicitor will invariably be struck off the roll, regardless of the solicitor’s mitigating circumstances,” the judges wrote.

Mr Singh was admitted to the Bar in 1977 and Mr Menon was admitted in 1998. Ms Rankine had approached Mr Singh for legal advice in 2009, when she wanted to sell her property in Joan Road to live off sale proceeds after breaking up with a Malaysian businessman. She feared her ex-beau would try to prevent the sale of the property, which he did by lodging a caveat against it.

In 2010, the lawyers helped in getting the caveat discharged and Ms Rankine netted S$6.9 million from the sale of the property. She received a S$5 million cheque from the lawyers’ firm and used another S$50,000 to pay her personal assistant. Mr Singh handed her a cheque worth S$1.8 million and the lawyers advised her to issue cheques of the same amount to their wives for safekeeping and future legal fees, which she did.

In Dec 2010, Ms Rankine complained to the Law Society after they refused to return the money. She withdrew the complaint in Nov 2012 after getting her money back, but the Law Society pursued its charges against the duo.

The Society found Ms Rankine’s characterisation of the S$1.8 million payment to be convincing and believable, and said the two lawyers had acted dishonourably and showed no remorse for reprehensible conduct.

The duo had embarked on an elaborate scheme to cheat Ms Rankine, while ensuring the payment could not be traced back to their firm’s account, argued the Law Society, represented by Mr P E Ashokan. Instead of directly transferring the S$1.8 million from the law firm’s account to that of his wife and Mr Menon’s wife, Mr Singh had used Ms Rankine as a conduit so that things would appear above-board, noted the Court of Three Judges.

The judges noted that Ms Rankine had already paid substantial legal fees to the duo and “a gift of this magnitude to a solicitor with whom the client had no previous dealings … simply defies belief”.

Mr Singh also faced a second charge for misusing a S$20,000 cashier’s order from Ms Rankine to pay for an unrelated matter, which the judges said “underlines his lack of...integrity and trustworthiness”.

This is the second time in two weeks that lawyers have been disbarred — veteran lawyer Pascal Netto was struck off the roll last week for professional misconduct that included unauthorised borrowing from a client’s firm.

By Neo Chai Chin chaichin@mediacorp.com.sg

Woman takes due to court over refusal to return RM4.9mil from house sale

TWO lawyers who refused to return S$1.8mil (RM4.9mil) to a client were struck off the rolls on April 13.

The client had transferred the money to their wives for what she thought was safekeeping.

Manjit Singh, a lawyer of 37 years, and Sree Govind Menon, a lawyer of 16, were partners in the firm, Manjit Govind & Partners.

In disbarring them, the Court of Three Judges, with power to censure, suspend or strike lawyers off the rolls for professional misconduct, noted that the pair had acted dishonestly.

javascript:void(0); In 2009, Singh was hired by Bernadette Rankine, then an art gallery owner, to handle the sale of her house in Joan Road, off Thomson Road, which was sold for S$12mil (RM32.5mil).

She had decided to sell the property and live off the proceeds after ending her 13-year relationship with Malaysian businessman Amin Shah.

But her former boyfriend lodged a caveat against the property to block the sale. In February 2010, the caveat was lifted and the net sales proceeds of S$6.9mil (RM18.7mil) held by the law firm were ordered to be released to her.

Singh gave her a cheque for S$5mil (RM13.6mil) as well as S$50,000 (RM135,000) for her assistant’s wages.

A few days later, he gave her a cheque for S$1.8mil, while she in turn issued two cheques, one for S$1.6mil (RM4.3mil) to Singh’s wife and the other for S$200,000 (RM544,000) to Menon’s wife.

Singh had advised her to place the money with their wives for safekeeping, saying that if her former boyfriend launched more legal action against her, her money would be frozen and she would not have the means to pay for lawyers.

Nine months later, she asked them to return the money. When they refused, she complained to the Law Society. They have since returned the full sum.

In April last year, a disciplinary tribunal found the pair guilty of misconduct – Singh for advising her to pay the money to the wives and then refusing to return it, and Menon for agreeing with the advice.

The pair contended that the money was a gift from Rankine but the tribunal found this “inherently absurd”.

Yesterday, the court agreed, saying it was unlikely that Rankine, who needed money for pending legal matters, would give away one quarter of her key asset to the wives of the two lawyers she had known for less than six months and to whom she had already paid fees. — The Straits Times / Asia News Network

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Tuesday, April 14, 2015

The Malaysian world's top performing IFCA Software stock surges 1,300% in Kuala Lumpur!

IFCA Property Development Management Solution is a fully integrated Business Management Solution designed specifically for the Property industry. With a culmination of more than 20 years experience, IFCA Property Development Software embraces comprehensive functions, features and adopts the latest ICT tools that are poised to help elevate your Business to a paradigm shift. IFCA Software™ provides a complete solution for property developers to best manage their project development from the initial phases until key collection and beyond. It has complete built-in functionalities to ensure proper recording of each sale and its subsequent billing and administration. The software is saliently focused on its scope of capabilities. It supports multi-company, multi-projects and multi property types. It tracks and measures the effectiveness of sales campaigns and sales staff performances. It also supports user-definable payment scheme and loan financing. Headquarters IFCA MSC Bhd Wisma IFCA, No 19, Jalan PJU 1/42A, Dataran Prima, 47301 Petaling Jaya, Selangor Darul Ehsan, Malaysia. marketing@ifca.com.my www.ifcasoftware.com 

Forget Silicon Valley, Tel Aviv and Bangalore.

To find the world’s top-performing software company, you have to go somewhere that few would think to look for winning investments in the technology industry -- Malaysia’s capital city of Kuala Lumpur. Better known as the home of state-owned energy giant Petroliam Nasional Bhd., it’s also where shares of IFCA MSC Bhd., a maker of cloud-based software for property companies, have jumped 14-fold over the past 12 months.


IFCA’s earnings are surging just as fast as its stock after the company took an 80 percent market share among Malaysian developers and began expanding into China, where early adopters of its sales tracking and payment processing software include billionaire Wang Jianlin’s Dalian Wanda Group Co. IFCA Chief Executive Officer Ken Yong Keang Cheun (pic above) predicts that the world’s second-largest economy will become the biggest market for his $198 million software firm by 2018.

“The growth in China is incredible,” Yong said in an interview at his office in Petaling Jaya, a suburb near Kuala Lumpur. He plans to double the number of IFCA offices in the country to 16 by the end of this year.

IFCA has about 100 clients in China, where the National Bureau of Statistics estimates there were more than 90,000 real estate companies as of 2013. The country last month announced measures to make buying and selling a home cheaper, giving a boost to developers as authorities seek to cushion a slump in the property market that has weighed on economic growth.

The stock rose as much as 1.5 percent before closing unchanged at 1.35 ringgit in Kuala Lumpur, near its April 9 record.

GST Boost

Wanda uses IFCA’s software for its cost systems, bidding and capital leases, Huang Chunlei, an assistant to the president of Dalian Wanda and deputy general manager of the company’s IT department, said via e-mail.

In Malaysia, 800 of the biggest 1,000 property developers are its customers, Yong said. The company’s software sales in the country surged 76 percent in 2014 as a new goods and services tax prompted companies to upgrade their software to comply with the change. Profit jumped 12-fold last year to 21.1 million ringgit ($5.8 million) and Yong said he’s “confident” earnings will climb to another record in 2015.

“The good thing about the software is that it is niche for property developers,” Chow Yuh Seng, general manager for IT at Mah Sing Group Bhd., Malaysia’s fifth-biggest developer by market value, said in an interview.

Shares of IFCA have surged 1,321 percent over the past 12 months, the most among software companies worldwide with a market value of at least $150 million, data compiled by Bloomberg show. That compares with an average gain of 46 percent for global peers.

Malaysia Tech

“There was a strong theme for IT and software-related development companies last year, and this year is a continuation,” said Danny Wong, chief executive officer of Kuala Lumpur-based Areca Capital Sdn., which owns shares in IFCA. “The shift to Internet and technology is the new way of doing things.”

IFCA isn’t the only Malaysian software company with booming sales. Grabtaxi Holdings Pte., a mobile application that assigns cabs to nearby commuters, has grown to become Southeast Asia’s largest taxi-booking mobile application, luring investments from Temasek Holdings Pte., Singapore’s state-owned investment company, and SoftBank Corp., the Japanese wireless carrier controlled by billionaire Masayoshi Son.

While Malaysia isn’t known as a hub for technology companies, the government has tried to support the industry since 1996, when it introduced the Multimedia Super Corridor, a special zone to attract technology investments and multinational companies.

Chasing Shares

The success of IFCA’s business may already be reflected in the share price, according to Ang Kok Heng, the chief investment officer of Phillip Capital Management Sdn., which manages $428 million, said by phone in Kuala Lumpur. Shares are valued at 30 times reported earnings, versus 17 times for the benchmark FTSE Bursa Malaysia KLCI Index, according to data compiled by Bloomberg.

“We normally don’t chase a stock,” Ang said.

IFCA plans to boost recurring income by introducing a software rental service that would make its offerings more affordable for customers via monthly subscriptions, Yong said. The firm also plans to set up a property listing website by year-end.

IFCA’s profit will probably jump at an annual rate of 228 percent over the next three years, according to Nigel Foo, a Kuala Lumpur-based analyst at CIMB Group Holdings Bhd., Malaysia’s second largest bank by assets.

“The property sector is a rich man’s industry with high risks, and it’s capital intensive,” Yong said. “People are willing to pay for solutions.”

By En Han Choong - Bloomberg

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Sunday, April 12, 2015

Building structural integrity & failure: problems, inspections, damages, defects, testing, diagnosis, repair

Structural integrity and failure is an aspect of engineering which deals with the ability of a structure to support a designed load (weight, force, etc...) without breaking, tearing apart, or collapsing, and includes the study of breakage that has previously occurred in order to prevent failures in future designs.

Structural integrity is the term used for the performance characteristic applied to a component, a single structure, or a structure consisting of different components. Structural integrity is the ability of an item to hold together under a load, including its own weight, resisting breakage or bending. It assures that the construction will perform its designed function, during reasonable use, for as long as the designed life of the structure. Items are constructed with structural integrity to ensure that catastrophic failure does not occur, which can result in injuries, severe damage, death, or monetary losses.

Structural failure refers to the loss of structural integrity, which is the loss of the load-carrying capacity of a component or member within a structure, or of the structure itself. Structural failure is initiated when the material is stressed beyond its strength limit, thus causing fracture or excessive deformations. In a well-designed system, a localized failure should not cause immediate or even progressive collapse of the entire structure. Ultimate failure strength is one of the limit states that must be accounted for in structural engineering and structural design.

These articles explain the inspection, detection, diagnosis, and repair of all types of structural defects on residential and light commercial buildings and will answer most homeowner concerns. We address brick and other masonry structures, wood frame structures, log homes, modular and factory built homes, even mobile homes.

Chimneys, crawl spaces, decks, building flood damage, foundation crack and movement damage, rot or insect damage, sink holes, and water entry are examples of topics for which InspectAPedia provides inspection, diagnosis, and repair advice. Our page top photo illustrates Story Land[26] a remarkably askew wood-framed structure that would have been quite challenging to frame.

Guide to Detecting & Evaluating Structural Defects: Inspection, Diagnosis, & Repair of Settlement, Improper Construction, Rot & Insect Damage to Buildings


Articles found in this section address just about all types of residential & light commercial building structural construction, inspection, diagnosis & repair topics such as foundation damage, leaning, buckling, bowing, and cracking, FRT plywood failures, chimney inspections & safety concerns, causes and cures for rot, mold, & termites in buildings, sinkholes at building sites, stair and rail fall & trip hazards, & also special inspection methods for mobile homes.

Most structural problems can be avoided by proper design and planning; but structural failures have been common for a long time, and sometimes are costly to handle properly.

The sketch at left( courtesy Carson Dunlop) names the major structural components of a typical wood frame house set on a masonry foundation.

Structural Defect Recognition, Repair, Prevention for Building Structures, & Building Structural Failures

This photo of the leaning tower of Pisa was sent to us by our friend Tom Smith who knows a crooked building when he sees one. Smith points out that the problems with the Tower have been known for generations and must have been apparent even during construction, as the upper level was constructed with an offset to try to re-balance the structure.
Modern reinforcement has permitted removal of cables that used to be tied to the tower of Pisa. As Bernie Campbalik says about old buildings, "Yep, we had guys like that back then too."
Metal chimney during installation (C) D Friedman
Pier construction, Northern Maine (C) D Friedman

 

Framing & Wood Beams / Timbers Damage Inspection, Diagnosis, Testing, Repair

Photograph of  severe roof structure damage from an unattended roof valley leak in a historic home.
Collapsing barn (C) Daniel Friedman

Rot, fungus, Termites, Carpenter Ants, Powder Post Beetles, & other Wood Destroying Organisms

Buckled siding at ground level indicates sill crushing (C) Daniel FriedmanOur photo (left) illustrates a combination of factors leading to a strong indication of serious structural damage at a home: aluminum siding at ground level (risk of insect attack) combined with buckled siding at the bottom course (a condition that only occurs long after original construction) point to crushed wooden sills under this structure, most often due to insect attack or rot or both.
  • INSECT INFESTATION / DAMAGE - complete guide to wood destroying insect inspection, diagnosis, evaluation, repair, and prevention at buildings
  • The Sick House/Sick Building Information Website Organized, un-biased, in-depth advice about mold, allergens, and other indoor contaminants: finding, testing, cleaning, clearance testing, and preventing mold, mildew, wood destroying (rot) molds (fungi). Explains how to assure that testing for toxic or allergenic molds is performed using valid field and lab methods. Advice and test procedures are provided for odors and odor source detection, toxic gas testing and gas source identification.
  • "House Eating Fungus" Meruliporia incrassata (also called "Poria" the house eating fungus) in the U.S. or Serpula lacrymans in Europe) can cause severe structural damage. Evidence of hidden "poria" may be found by expert inspection methods which include tracing sources and paths of probable Building leaks and moisture traps. Further, careful indoor particle sampling methods can often permit the presence of this mold to be identified in the laboratory.
  • WOOD DESTROYING INSECTS carpenter ants, powder post beetles, & other wood destroying organisms

Continue reading at BRICK FOUNDATIONS & WALLS or select a topic from the More Reading links shown below.

Suggested citation for this web page

STRUCTURAL INSPECTIONS & DEFECTS at InspectApedia.com - online encyclopedia of building & environmental inspection, testing, diagnosis, repair, & problem prevention advice.

More Reading

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Structural Integrity and failure:
http://en.wikipedia.org/wiki/Structural_integrity_and_failure

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