This article was written for the benefit of Malaysian law students, litigation paralegals, fellow pupils and the likes of 1st year litigation associates. You’re asked to draft a writ and statement of claim for the first time in respect of an action for a breach of contract. The first thing you write in your draft…
Author: Ivan Aaron Francis
Winding Up: Statutory Safeguards (Part 2)
In a previous post, we discussed that the test in a winding-up brought by a creditor, is actually when the court is convinced that the company is ‘unable to pay its debts’. The few statutory safeguards to be discussed under this topic include Section 470, Section 471 and Section 472, and we covered Section 470 in Part 1. Part…
Winding Up: Statutory Safeguards (Part 1)
WINDING-UP. Every stake-holder is bound to have mixed-feelings when a company is seen to be headed for winding-up, voluntarily or not. For many, the presentation of a winding-up petition against a company is the beginning of its end and hence many believe that the company has no assets, is financially incapable or insolvent.
Individual Insolvency: Can I Annul My Bankruptcy Order?
Being adjudged a bankrupt can financially and socially affect one’s life. With that being said, it becomes imperative that the legislature ensures that there are sufficient safeguards and recourse available to bankrupts / judgment debtors facing bankruptcy.
Are Director’s Resolutions subject to Abuse by the Board Majority?
Directors, or more so the Board of Directors (“BOD”) form the cognitive function of a company. Every business action or inaction, every judgment and position taken by a company, is a result of decisions reached by its BOD. These decisions by directors are made as a collective usually substantiated by way of resolution.
Are ALL Letters Marked ‘Without Prejudice’ Protected By Privilege?
Your client receives a letter of demand in respect of a loan debt. He tells you that he does in fact owe the demanded sum but will only be able to pay it two months from now. You draft a letter to the ‘other side’ on behalf of your client, admitting to the debt and…
Transfer of Legal Proceedings
A transfer of legal proceedings under Order 57 Rule 1(3) of the Rules of Court 2012 seems to be pretty straightforward. But who actually has the authority to transfer proceedings between subordinate courts of uncoordinated jurisdiction?
Possible Shareholder Recourse in light of the AirAsia Bribery Allegation
For shareholders of AirAsia Group Berhad (“AAG”) or AirAsia X Berhad (“AAX”), share prices in early February, 2020 has not been the most favourable a sight as they plummet to one of the lowest points since mid-2016.