A company which fails to its debts when they fall due could be wound up by its creditors. Usually, this process beings when the company is served a notice of demand pursuant to Section 466 of the Companies Act 2016…
Do you know what are the powers and duties of a liquidator? Find out more in this article…
On 03.02.2020, the Chief Judge of Malaya had released a new Practice Direction No. 1/2020 (“PD No. 1/2020”) detailing, amongst other things, the handling of case managements in civil cases before trial. On 23.12.2020, PD No. 1/2020 was expanded via Practice Direction No.1/2021 to expand its application to number of new cases…
The discretionary power to reject or to allow the application for discovery is held by the court. But the procedure in applying for discovery in a civil suit requires certain guiding principles to be fulfilled.
What happens when your beautician messes up your treatment so badly that your face is severely scarred or hurt beyond remedy? Can you take an action against this beautician from hell?
Justice must not only be done, but must be seen to be done. This statement contains the expectation that when parties appear before a judge, he would adjudicate between them in an impartial manner. This article seeks to discuss the law in relation to judicial bias, particularly apparent bias arising from a written judgment.
“Exemplary damages. Where the wounded feeling and injured pride C of a plaintiff, or the misconduct of a defendant, may be taken into consideration, the principle of restitutio in integrum no longer applies. Damages are then awarded not merely to recompense the plaintiff for the loss he has sustained by reason of the defendant’s wrongful act, but to punish the defendant in an exemplary manner, and vindicate the distinction between a willful and an innocent wrongdoer. Such n damages are said to be ‘ at large,’ and, further, have been called exemplary, vindictive, penal, punitive, aggravated, or retributory”
A Judgment in Default of appearance is obtained by a Plaintiff when a Defendant fails to enter appearance upon the service of Writ and Statement of Claim by the Plaintiff. However, where a litigant ought to have referred the dispute to arbitration, an application could be made by the Defendant to stay the proceeding.
An offer to settle is an offer to compromise a matter or dispute in a suit with certain consequences of cost. The offer to settle mechanism replaced the previous method of payment into court however the principles remain the same.
The small claims procedure is put into place to allow direct access to justice for simple and straightforward disputes. Of course, there is nothing in law which forbids individuals from being a litigant in person, even for claims exceeding RM5,000.00. However, facing an opponent in court with an army of lawyers is no easy feat.