There are generally two matters to be looked into when determining whether a mere proclamation of emergency affects the performance of a contract, (i) the contractual provisions, and (ii) the legal doctrine of frustration.
Author: Nicholas Navaron Chula
Nicholas came from the warring tribe of headhunters in the Land of Hornbills. Growing up, Nicholas aspired to go to the Bar and to open a bar. He has successfully done the former, and is on his way to the latter. During his free time, he takes solace in knowing that people take his insults as humour.
Virtual Company Meetings during the Covid-19 Pandemic
This article focuses on shareholder meetings, instead of board meetings. For board meetings, the capability of a board to conduct a virtual meeting generally depends on the constitution of the company, and each company’s constitution may differ from one another.
Dispensation of Service of Committal Papers
“Unmention” was (and probably still is) a sociological tactical move used to attack the credit of someone on Twitter in Malaysia without engaging in a direct combat with that person. The “unmention” combatants generally avoid addressing directly the person in question for fear of confrontation.
When a Stay Order is Wrongfully Used as an Engine of Delay
Your opponent filed an application in court pursuant to Section 10 of the Arbitration Act, 2005 to stay your client’s action pending reference to arbitration. The court allows the stay without setting any other express condition for which the referral is to be made. Six months later, it became more apparent that your opponent is…
The Only Time A ‘Conversion Therapy’ (For Your Court Action) Works
Generally, there are two (2) ways of commencing civil legal proceedings in court – one by writ and another by originating summons. Question is, can you apply to ‘convert’ your originating summons into a writ, so that you can cross-examine your opponents?
Directors’ Absolute Power to Inspect the Accounts and Records of a Company
Directors generally dictate the management of a company and are conferred with various powers in order to effect the same. To assist directors in effectively managing a company, one of such powers conferred onto the directors is the power to inspect the accounts and records of the company.
Can you ask the Court to order meeting when you have less than 10%?
There seems to be a (mis)presumption that you need 10% of the shares of the company in question to call for a meeting. Section 314 of the Companies Act 2016 however does not expressly prescribe such a requirement.
Parental Advisory: Can parents be held liable for their children’s acts or conduct?
Can you blame the child’s predicament on the parents’ fault, either in supervising their child, if the parents have done the best that they could under the circumstances they are in?
Directorial Dysfunction: When you can remove your directors
‘Edward Sharpe and the Magnetic Zeros’ is one of my favourite American folk rock bands. Jade Castrinos’s voice is so haunting, it can transport you back to the 70s. Nonetheless, though Castrinos and the rest of the members seem like a match initially, it was apparent that things were not working out between the two….
Directors’ Duties: Reliance on information provided by others
Businessmen and lawyers are two different creatures – generally, the former are optimistic by nature, while the latter are pessimistic by nature. One is taught that trust is the first and foremost rule in dealing with others, another is taught to always question when dealing with others.