Articles


SEARCH VIEW ALL
How Much is Your Life Worth? (A Brief Analysis of Dependency Claims in Malaysia)

How Much is Your Life Worth? (A Brief Analysis of Dependency Claims in Malaysia)

by Adrian Ong Zhi Ern

This article aims to critically address this very question based on the legal principles governing dependency claims in Malaysia.[Read more...]

Recoverability of Liquidated Ascertained Damages Clauses in Construction Contracts -The Paradigm Shift in Judicial Attitude

Recoverability of Liquidated Ascertained Damages Clauses in Construction Contracts -The Paradigm Shift in Judicial Attitude

by Naveen Sri Kantha

Most construction contracts, be it standard form or bespoke contracts contain provisions relating to liquidated ascertained damages (“LAD”).[Read more...]

Oppression Part 2: Who Can File for Oppression?  Gue See Sew v Heng Tan Hai

Oppression Part 2: Who Can File for Oppression? Gue See Sew v Heng Tan Hai

by Lavinia Kumaraendran & Sean Tan Yang Wei

Section 346(1) of the CA 2016 stipulates that any member or debenture holder may apply to the Court seeking remedies in the case of an oppression.[Read more...]

The Challenges of WhatsApp Evidence at Trial

The Challenges of WhatsApp Evidence at Trial

by Nicholas Wong Kwang Tee

What if your opponent does dispute the authenticity of your WhatsApp evidence?[Read more...]

The CVA Scheme and How it Compares to Other Corporate Rescue Mechanisms

The CVA Scheme and How it Compares to Other Corporate Rescue Mechanisms

by Lavinia Kumaraendran & Sean Tan Yang Wei

Companies Act 2016 introduced the Corporate Voluntary Arrangement as one of the new schemes to rescue businesses in financial distress.[Read more...]

How Business Owners Can Navigate Through The Winding-Up Process

How Business Owners Can Navigate Through The Winding-Up Process

by Sean Tan Yang Wei

What are the steps involved in the winding-up process and what options are available to a business when facing such proceedings?[Read more...]

Is COVID-19 or The Movement Control Order (“MCO”) A Force Majeure Event in Construction Contract?

Is COVID-19 or The Movement Control Order (“MCO”) A Force Majeure Event in Construction Contract?

by Naveen Sri Kantha

Whether the COVID-19 outbreak and the MCO will be regarded as a Relevant Event under the standard form of construction contracts in Malaysia.[Read more...]

The Fake News Pandemic?

The Fake News Pandemic?

by Alliff Benjamin & Jesselyn Tham

In the midst of the COVID-19 pandemic, the spread of fake news related to disease has been rampant especially since the Movement Control Order (MCO) was imposed[Read more...]

Industrial Court Award, The Final Frontier?

Industrial Court Award, The Final Frontier?

by Alliff Benjamin & Zhafir Rahmat

What happens after the Industrial Court award? Is there an avenue to challenge or appeal against the Award?[Read more...]

FAQ on Tenancy Agreements During COVID-19

FAQ on Tenancy Agreements During COVID-19

by Clinton Tan Kian Seng

Does the Restricted Movement Order affect the validity of Tenancy Agreements and its terms?[Read more...]

FAQ on Friendly Loan Agreements

FAQ on Friendly Loan Agreements

by Clinton Tan Kian Seng

Are Friendly Loan Agreements legal?[Read more...]

Execution:  The Joint Ownership Predicament

Execution: The Joint Ownership Predicament

by Avinash Kamalanathan

The law on execution is an area that appears to be an area that is relatively straightforward given its limited number of options available to the party that succeeds in obtaining a judgment.[Read more...]

Help ! Help ! I’m Being Oppressed? What Counts as Oppression of Minority Shareholders?

Help ! Help ! I’m Being Oppressed? What Counts as Oppression of Minority Shareholders?

by Lavinia Kumaraendran & Sean Tan Yang Wei

As companies are often owned by several shareholders, a fundamental rule in the governance of a company is the “majority rule”.[Read more...]

 Can You be Sued for Derogatory Remarks made via Instant Messaging Apps?

Can You be Sued for Derogatory Remarks made via Instant Messaging Apps?

by Alliff Benjamin Suhaimi & Angelene Cheah Kai Li

Can you be sued for something said or written on your social media?[Read more...]

Strata Properties Managers – What are their Duties and Powers?

Strata Properties Managers – What are their Duties and Powers?

by Jesslyn Tham

Statutory bodies in the form of a Management Corporation and a Joint Management Body are responsible for the maintenance and management of building.[Read more...]