Parties to be named in Winding Up Petitions under Section 465(1)(f) (1)(h) of the Companies Act, 2016
by Lavinia Kumaraendran
An oppression petition filed under section 346 of the CA 2016 (s.181 CA 1965) can be brought against any director, shareholder or third party. In the said action, the alleged oppressors as well as the company will be named respondents and affidavits will be filed to determine the truth of...[Read more...]
Judicial Management in Malaysia
by Lavinia Kumaraendran
The recent case of Leadmont Development Sdn Bhd v Infra Segi Sdn Bhd represents a landmark ruling in Malaysia being the first case to discuss and spell out the background and framework surrounding the law of judicial management[Read more...]
Judicial Management - The Case of CIMB Islamic v Wellcom Communications
by Lavinia Kumaraendran
This case concerns the applications of two companies (Wellcom Communications & Rangkaian Mining) for Judicial Management (i.e. a moratorium - a prohibition to stop anybody from filing any action as against the company for a period of 6 months and/or as the Court may order).[Read more...]
Publicising a Police Report, At Your Own Risk
by Alliff Benjamin Suhaimi
The Federal Court in Noor Azman Bin Azemi v Zahida Binti Mohamed Rafik has recently held that the republication of the contents of a police report does not attract the defence of Absolute Privilege. In that case, the Plaintiff initiated a defamation claim against the Defendant based on the contents...[Read more...]
What You Need To Know About Homebuyer’s Tribunal
by Denise Lim & Clinton Tan
Are you a homebuyer who wants to sue your housing developer but cannot afford the legal fees to bringe housing developer to Court? Perhaps you want to claim liquidated and ascertained damages or deposit that the housing developer is refusing to pay to you?[Read more...]
Mental Health Act 2001 – Safeguarding the Welfare of the Mentally Disordered
by Voon Su Huei & Clinton Tan
Not frequently brought up in conversation, the issue of mental health in Malaysia entails pervasive stigma. What do you do if your loved one is not mentally well and is unable to care for him or herself? This article seeks to provide an understanding of the legal landscape of mental...[Read more...]
Would Financial Impecuniosity be Considered in Committal Proceedings? And to What Extent?
by Lavinia Kumaraendran
An application for an Order of Committal can be made by one party (“the applicant”) in order to enforce an order of court that the other party (“the defendant”) has failed/refused to comply with, whether a payment of a monetary sum or an order requiring an act to be done....[Read more...]
The case of Cubic Electronics: Do actual losses need to be proven for compensation?
by Adrian Ong
In the recent Federal Court case of Cubic Electronics Sdn Bhd (in liquidation) v Mars Telecommunications Sdn Bhd [Appeal No. 02(f)-64-09/2019(W)], the Malaysian apex court had the opportunity to re-evaluate the position of law with regard to Section 75 of the Contracts Act 1950 (the “CA 1950”) which provides as...[Read more...]
Left Out of a Will? Here’s What You Can Possibly Do
by Cassandra Lee
For some, finding out that they have been left out of a Will leaves them with much anguish, confusion and frustration. Such situations will eventually lead to strife amongst family members. Having clarity of what one can and cannot do in such circumstances may help a person who believes he...[Read more...]
Saving Private Nuisance
by Tan Jee Tjun
This short article is to examine the impact of Federal Court decision of Au Kean Hoe on the law of private nuisance.[Read more...]
Does the failure by a party to pay costs in an arbitration amount to a material breach of the arbitration agreement?
by Mavin Thillainathan
Article 40 of the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules defines the term “costs” in an arbitration to include the fees of the arbitral tribunal, legal costs and the fees and expenses of the appointing authority.[Read more...]
Tenaga Nasional Berhad v Bukit Lenang Development Sdn Bhd - An electrifying decision
by Clinton Tan
It is unlawful for electric utility companies (such as Tenaga Nasional Berhad “TNB”) to encroach on private lands to supply electricity to illegal occupiers of land. Doing so would render TNB liable for trespass.[Read more...]
Award of Damages in Defamation Actions
by Alliff Benjamin Suhaimi & Pauline Lim
The recent Federal Court decision in Chong Chieng Jen v Government of State of Sarawak & Anor has sparked robust discourse on the subject of civil defamation actions. As such, it is imperative for the public to be aware of the likely range of the monetary reliefs that the Court...[Read more...]
101 on Land Acquisition in Malaysia
by Alliff Benjamin Suhaimi & Pauline Lim
Malaysians enjoy a constitutionally protected right to property, as enshrined in Article 13 of the Federal Constitution. However, the language of Article 13 itself shows that this is not an absolute right as it provides that “no person shall be deprived of property save in accordance with law[Read more...]
Public Authority can now sue for Defamation. What’s Next?
by Alliff Benjamin Suhaimi
The Federal Court yesterday has ruled that a Federal or State Government have the necessary locus standi (standing) to sue for defamation. This is a great setback to our defamation laws and to a citizen's freedom to voice out grouses against the Government.[Read more...]
Animal Cruelty: Are We Doing Enough?
by Alliff Benjamin Suhaimi
Yet again, Malaysians are greeted by truly upsetting news relating to animal cruelty. Not too long ago, there was the case of Furby the guard dog being mercilessly beaten and now we have a pregnant cat being placed in a clothes dryer.[Read more...]
Retracting a Police Report: How Consent Order plays a role
by Lavinia Kumaraendran
A Consent Order/Judgement is a form of settlement entered into between two consented parties in a legal action filed in court to resolve a dispute by satisfying certain arrangements without admission of guilt or liability. Essentially it is akin to an Agreement/Contract.[Read more...]
Key takeaways from AGC’s decision to withdraw charges against Lim Guan Eng
by Clinton Tan
The Attorney General's Chambers has issued a statement to explain its decision to discontinue the prosecution of Lim Guan Eng and Phang Li Koon. The AGC emphasised that the Attorney General himself had since early August recused himself from handling this case.[Read more...]