Month: April 2020

The nominee director: between the devil and the deep blue sea (Part 2)

Posted on by Jason Cheong Kah Lok
Jason Cheong Kah Lok
Jason Cheong Kah Lok
This Taiping-born lad is an avid fan of the Kingsman and truly believes that Manners Maketh Man, be it in or outside ofthe Courtroom. Jason aspires to be a cheerful (a.k.a. not grumpy) old man living with his pug, telling epic stories from his wild youth.
Jason Cheong Kah Lok
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In the previous article The nominee director: between the devil and the deep blue sea (Part 1), I have discussed the definition of nominee directors and their duties. To recap, the general rule is that when the company’s interests do not conflict with the interests of the nominator, then the nominee directors may take into…

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Online trial

A New Era of Online Trials during MCO

Posted on by Guest Author
Guest Author
Guest Author
Guest authors come and go but part of their wisdom and knowledge are immortalised here.
Guest Author
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Since the beginning of the COVID-19 pandemic, most countries have imposed a lockdown or some form of the Movement Control Order (MCO) to curb the spread of the disease. As a consequence, the MCO has forced most industries to re-think how they operate.

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Receivers and Managers: Application to Court for Directions – A Final Order?

Posted on by Jason Yong Kok Yew
Jason Yong Kok Yew
Jason Yong Kok Yew
Jason Yong Kok Yew
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In a previous article, we gave a 101 on the law of receivers and receivers and managers. We also discussed the distinction between ‘receivers’ and ‘receivers and managers’ – at the risk of oversimplification, a ‘receiver’ only receives income and pays necessary outgoings, whereas a ‘receiver and manager’ has additional powers to ‘manage’ a company. 

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Can the Covid-19 Pandemic Frustrate a Tenancy Agreement?

Posted on by Ahmad Iyas Husni
Ahmad Iyas Husni
Ahmad Iyas Husni
Curious and inquisitive. Iyas is the kind of person who constantly has something on his mind. Ever wondering why the law works the way it does, Iyas constantly pushes the limits of his curiosity to find the ever elusive “Answer” to all of his questions.
Ahmad Iyas Husni
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Under ordinary circumstances, where a party enters into an contract with another party, they are legally bound to uphold the terms and conditions of the contract. Should they later fail to fulfil their end of the bargain, they will be liable to be sued for a breach of the contract.

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How the Court would Read Your Contract

Posted on by Voon Su Huei
Voon Su Huei
Voon Su Huei
Su Huei is a lawyer who has a keen interest in literature, film and theater, with a penchant for psychological thrillers. Also a fellow yogi and curious explorer of meditation and all things spiritual. Thinks that one of life’s greatest pleasures is sipping hot chocolate with a cat nestled in her lap.
Voon Su Huei
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A valid contract is all about the meeting of minds. Parties enter into a contract because they have each come to an agreement to do (or not to do) certain things. However, disputes are commonly unavoidable in the course of a contract. If parties cannot resolve these differences on their own, the task of interpreting…

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Trademarks Act 2019: Into the New Age of Brand Protection

Posted on by Rachel Chong Jia Wei
Rachel Chong Jia Wei
Rachel Chong Jia Wei
Rachel is a philonoist who has her third phase of education planned out. Discovering the invasion of artificial intelligence into the legal industry prompted her to grasp its workings before it takes away her job.
Rachel Chong Jia Wei
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Malaysia’s accession to Madrid Protocol had been in the talks for years until it finally became a reality on 27.12.2019 with the Trademarks Act 2019 coming into force.

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How to Admit (or Keep Out) WhatsApp Messages During Court Proceedings

Posted on by Nathalie Annette Kee
Nathalie Annette Kee
Nathalie Annette Kee
Nathalie is a modern day warrior with her red lipstick and heels as her armour, and her pen as her sword. In her past time, she fights dragons in the court of law and wrestles giant serpents that often appear in the form of litigation paperwork.
Nathalie Annette Kee
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This article provides practical tips on what to consider when preparing to admit electronic evidence in Court, particularly text messages such as WhatsApp messages, and the defences commonly used to dismiss such evidence.

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JID vs. Arbitration Clause

Posted on by Rachel Chong Jia Wei
Rachel Chong Jia Wei
Rachel Chong Jia Wei
Rachel is a philonoist who has her third phase of education planned out. Discovering the invasion of artificial intelligence into the legal industry prompted her to grasp its workings before it takes away her job.
Rachel Chong Jia Wei
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This article is to discuss the clash between judgment in default of appearance (“JID”) and the existence of an arbitration clause which happened in Tindak Murni Sdn Bhd v Juang Setia Sdn Bhd and another appeal [2020] MLJU 232 (“Tindak Murni”).

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Just Desserts: Tale of Quantum Meruit

Posted on by Voon Su Huei
Voon Su Huei
Voon Su Huei
Su Huei is a lawyer who has a keen interest in literature, film and theater, with a penchant for psychological thrillers. Also a fellow yogi and curious explorer of meditation and all things spiritual. Thinks that one of life’s greatest pleasures is sipping hot chocolate with a cat nestled in her lap.
Voon Su Huei
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Quantum Meruit – “what one has earned”.  Broadly, quantum meruit is a theory of recovery premised on principles of equity and fairness and put simply, involves getting what you deserve for the services that you have rendered under a contract. 

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Winding Up: A COVID-19 Perspective

Posted on by Jason Yong Kok Yew
Jason Yong Kok Yew
Jason Yong Kok Yew
Jason Yong Kok Yew
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The winding up of a company is a process whereby a company’s lifespan comes to an end. This process entails selling off the company’s assets to pay off its debts or liabilities, and then distributing any surplus money amongst its members (i.e. shareholders). The main implication of a winding up is that the company would…

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