Malaysian Litigator
Menu
  • Blog
  • Crew
  • The Voyage
  • Contact
Menu

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.

Is Proclamation of Emergency the Death of Commercial Contracts?

Posted on February 4, 2021February 4, 2021 by Nicholas Navaron Chula

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.

Read more

Virtual Company Meetings during the Covid-19 Pandemic

Posted on December 8, 2020December 8, 2020 by Nicholas Navaron Chula

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.

Read more

Dispensation of Service of Committal Papers

Posted on October 28, 2020October 28, 2020 by Nicholas Navaron Chula

“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.

Read more

When a Stay Order is Wrongfully Used as an Engine of Delay

Posted on August 17, 2020August 17, 2020 by Nicholas Navaron Chula

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…

Read more

The Only Time A ‘Conversion Therapy’ (For Your Court Action) Works

Posted on June 19, 2020June 19, 2020 by Nicholas Navaron Chula

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?

Read more

Directors’ Absolute Power to Inspect the Accounts and Records of a Company

Posted on June 12, 2020June 12, 2020 by Nicholas Navaron Chula

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.

Read more

Can you ask the Court to order meeting when you have less than 10%?

Posted on May 28, 2020June 1, 2020 by Nicholas Navaron Chula

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.

Read more

Parental Advisory: Can parents be held liable for their children’s acts or conduct?

Posted on May 11, 2020May 12, 2020 by Nicholas Navaron Chula

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?

Read more

Directorial Dysfunction: When you can remove your directors

Posted on April 13, 2020May 13, 2020 by Nicholas Navaron Chula

‘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….

Read more

Directors’ Duties: Reliance on information provided by others

Posted on April 3, 2020May 13, 2020 by Nicholas Navaron Chula

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. 

Read more
  • 1
  • 2
  • Next

Search

Categories

Recent Posts

  • Received A Dishonoured Or Bounced Cheque? Here’s What You Need To Know
  • The Screams from the Other Side: The Oppressed Majority
  • Hak Pengguna dalam Kes Kerosakan Meter Elektrik (Bahagian 1)
  • Voluntary or Mutual Separation Schemes & Retrenchment
  • Director’s Duties In Times Of Financial Distress

Archives

  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • July 2019
  • May 2019
© 2021 Malaysian Litigator | Powered by Minimalist Blog WordPress Theme
CATEGORIES
  • Company & Commercial
  • Commercial Disputes
  • Bankruptcy & Insolvency
  • CEOs Corner
  • Civil Procedure
  • Advocacy & Litigation
  • General
  • Land & Property
  • Employment & Industrial Relations
  • Family Law