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Avoiding Partial Intestacy

Avoiding Partial Intestacy

by Nicholas Wong

We draw up Wills to let people know how we want our belongings, assets and properties distributed after we die. But what happens if we miss something out? It is said that a person is only testate (meaning, to have died leaving a will) in so far as they have...[Read more...]

Directors can land in prison for failing to carry out basic duties

Directors can land in prison for failing to carry out basic duties

by Lavinia Kumaraendran

Did you know that as directors you can land yourselves in prison for failing to carry out your basic duties? Under Section 132 of the Companies Act 2016, dividends are only paid out of profits if the company satisfies the solvency tests[Read more...]

Mental Health Act 2001 - Life after being Declared as Mentally Disordered

Mental Health Act 2001 - Life after being Declared as Mentally Disordered

by Voon Su Huei

The court has the power to order an inquiry to determine if because of a mental disorder, a person is incapable of managing himself and his affairs. If the court does find that such a person cannot manage himself and his affairs[Read more...]

Interim Receivers in Company Law

Interim Receivers in Company Law

by Joshua Goh

We often hear of legal disputes arising between the members / directors where there is disagreement or a lack of trust and confidence between them resulting in a deadlock in management. In such situations, a disgruntled shareholder / director may seek relief[Read more...]

Parties to be named in Winding Up Petitions under Section 465(1)(f) (1)(h) of the Companies Act, 2016

Parties to be named in Winding Up Petitions under Section 465(1)(f) (1)(h) of the Companies Act, 2016

by Lavinia Kumaraendran

An oppression petition filed under section 346 of the CA 2016 (s.181 CA 1965) can be brought against any director, shareholder or third party. In the said action, the alleged oppressors as well as the company will be named respondents and affidavits will be filed to determine the truth of...[Read more...]

Judicial Management in Malaysia

Judicial Management in Malaysia

by Lavinia Kumaraendran

The recent case of Leadmont Development Sdn Bhd v Infra Segi Sdn Bhd represents a landmark ruling in Malaysia being the first case to discuss and spell out the background and framework surrounding the law of judicial management[Read more...]

Judicial Management - The Case of CIMB Islamic v Wellcom Communications

Judicial Management - The Case of CIMB Islamic v Wellcom Communications

by Lavinia Kumaraendran

This case concerns the applications of two companies (Wellcom Communications & Rangkaian Mining) for Judicial Management (i.e. a moratorium - a prohibition to stop anybody from filing any action as against the company for a period of 6 months and/or as the Court may order).[Read more...]

Publicising a Police Report, At Your Own Risk

Publicising a Police Report, At Your Own Risk

by Alliff Benjamin Suhaimi

The Federal Court in Noor Azman Bin Azemi v Zahida Binti Mohamed Rafik has recently held that the republication of the contents of a police report does not attract the defence of Absolute Privilege. In that case, the Plaintiff initiated a defamation claim against the Defendant based on the contents...[Read more...]

What You Need To Know About Homebuyer’s Tribunal

What You Need To Know About Homebuyer’s Tribunal

by Denise Lim & Clinton Tan

Are you a homebuyer who wants to sue your housing developer but cannot afford the legal fees to bringe housing developer to Court? Perhaps you want to claim liquidated and ascertained damages or deposit that the housing developer is refusing to pay to you?[Read more...]

Mental Health Act 2001 – Safeguarding the Welfare of the Mentally Disordered

Mental Health Act 2001 – Safeguarding the Welfare of the Mentally Disordered

by Voon Su Huei & Clinton Tan

Not frequently brought up in conversation, the issue of mental health in Malaysia entails pervasive stigma. What do you do if your loved one is not mentally well and is unable to care for him or herself? This article seeks to provide an understanding of the legal landscape of mental...[Read more...]