Settling a dispute out of court is often a joyous affair – parties avoid the thorny nature of litigation and save time and costs in the process. While celebrations may be in order, that should not be the end of the matter.
Fraudulent Trading by Directors
While undergoing a winding up procedure, the liquidators discovered that the company has been carrying out business dishonestly. The director has kept the company’s debts under wraps and promised lucrative contracts to suppliers despite knowing that the company is unable to pay up when the time comes. What happens then?
Family Feud: Oppression in Family Companies
Shareholders, particularly minority shareholders, are vulnerable to abuse or oppression by the majority shareholders. When such oppression occurs in family companies, it would often result in acrimony and bitterness.
The Case of Fatboys: On Passing Members’ Resolutions in Writing
The High Court of Malaya at Kuala Lumpur in Mohamed Zahid Yon bin Mohamed Fuad v Jason Jonathan Lo [2019] 1 LNS 343 clarified on the applicability of the provisions of the Companies Act, 2016 to companies incorporated under the provisions of the Companies Act, 1965.
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…
Thank you. Next! – When a Judge ought to abstain from presiding over a matter.
Cast 10 stones in a public park, you will hit a lawyer. Cast 10 stones in the Court, you will hit 5 friends. Let’s be honest – Malaysia is not a geographic giant! Sure, she is bigger than the Vatican and Brunei… collectively. But, the professional community is small. This also means that, especially in…
Reassessing the Test of Illegality: An Overview of Patel v Mirza [2017] AC 467
The rule on illegality in contracts has been a cornerstone of the common law for centuries. Premised on the maxim of ex dolo malo action non oritur actio (a right of action cannot arise out of fraud), the courts have always been mindful of not lending its aid to a man who founds his cause…
Addressing Corporate Liability on Corruption – Section 17A of the MACC Act
1st June 2020 is fast approaching and what this means is that Section 17A of the Malaysian Anti-Corruption Commission Act 2009 (“the Act”) is also fast approaching its enforcement date.
Dishonest Assistance: Underdeveloped & Underrated
All law students and lawyers are familiar with the cause of action that is the breach of fiduciary duty. As lawyers, when representing the aggrieved, we jump up and down when we catch the scent of a company director who ‘forgets’ how to differentiate company assets from her own, or an overly-ambitious lawyer who takes…
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?