To Caveat or Not to Caveat for What is a ‘Caveatable Interest’?
by Yap Sher Min
Whether one has a ‘caveatable interest’ to do so in the first place could probably result in someone removing the said caveat or risk having it declared void.[Read more...]
Overcoming Void Dispositions under Section 472 of the Companies Act 2016
by Lavinia Kumaraendran
What is void dispositions?[Read more...]
What Happens to Contractual Obligations During COVID-19?
by Clinton Tan Kian Seng
What are the legal implications to businesses who have contractual obligations to perform during the RMO period from 18 March to 31 March 2020?[Read more...]
The Applicability of the Prevention and Control of Infectious Diseases Act 1988 in relation to the spread of COVID-19.
by Alliff Benjamin Suhaimi
Is there any legislation in Malaysia that can assist in a pandemic?[Read more...]
Legal Action For or Against a Bankrupt
by Lavinia Kumaraendran
The general implication of being declared a bankrupt is common knowledge, but there are some further complications that may arise in reality. Question is, can a bankrupt sue and be sued?[Read more...]
![[UPDATE] Case of TNB v Bukit Lenang Development Sdn Bhd](https://www.thomasphilip.com.my/data/uploads/1-tp-website-article.png)
[UPDATE] Case of TNB v Bukit Lenang Development Sdn Bhd
by Clinton Tan Kian Seng
The TNB v Bukit Lenang Development Sdn Bhd case presents new development when the Federal Court dismissed a motion to review its own decision on 8 January 2020[Read more...]
Liquidators - How Do They Get Paid?
by Lavinia Kumaraendran
Do you know how liquidators get paid in winding up procedures? What would be a "reasonable" and "appropriate" payment for liquidators? Read on to find out.[Read more...]
Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012”) is PROSPECTIVE!
by Naveen Sri Kantha
On 16 October 2012, the Malaysian apex court had finally settled the uncertainty on whether CIPAA 2012 applies retrospectively to construction contracts[Read more...]
Liquidated Ascertained Damages for Late Delivery of Property
by Alliff Benjamin Suhaimi
A purchaser has a right to seek legal recourse from the property developer for Liquidated Ascertained Damages based on the terms of the SPA if delivery of the property is delayed.[Read more...]
Court Appointed Liquidators
by Lavinia Kumaraendran
In the case of a winding up, would it be more preferable to have a Court appointed liquidator or a private liquidator? This article lays down the reasoning.[Read more...]
Importance of a Bankrupt to honour agreed payments & file monthly returns
by Rachel Ng Li Hui
Being a bankrupt is hard, but remaining an undischarged bankrupt is harder, This article shares about the importance of a bankrupt to keep agreed payments & file monthly returns in order to secure a discharge from bankruptcy.[Read more...]
Debt Recovery: Different ways to achieve payment for debts due & owing
by Clinton Tan Kian Seng
Recovering debts owed is usually a hassle. This extract from Thomas Philip's SME Table Talk shares about different legal ways to achieve payment for debts due & owing.[Read more...]
Distinction between 'Days' & 'Clear Days' in the Companies Act 2016
by Jason Yong Kok Yew
Thomas Philip recently defended successfully an injunction application to prevent an EGM from taking place. The key dispute in the injunction is the distinction between the terms 'days' & 'clear days' for provision of EGM notice.[Read more...]
Is All Lost for a Creditor when a Company is Wound Up?
by Lavinia Kumaraendran
What happens when a company still owes you a debt after being wound up? This article shares tips on how to file proof of debt to recover monies owed after a company is wound up.[Read more...]
Navigating the Winding Up Process
by Sean Tan Yang Wei
This article conducts a brief exploration into how business owners or company directors can navigate through the winding-up process, after being served being served with a winding-up notice or a winding-up petition.[Read more...]
5 Common Clauses required in your Shareholder Agreement
by Jason Yong Kok Yew
This article shares about the five (5) common clauses required in your shareholder agreement. Especially relevant to company directors and shareholders.[Read more...]
When can a Liquidator get paid?
by Mavinthra Jothy Thillainathan
The function of a liquidator is to realise the assets of a company. The creditors, who hope to recover some of their debts out of the assets, therefore have a direct interest in the level of costs, and in particular the remuneration of the liquidator, if one is appointed.[Read more...]