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Retention Sum in Construction Contracts

Retention Sum in Construction Contracts

by Naveen Sri Kantha

Can we really trust that the retention monies deposited to an employer in a construction contract be returned? -- Time for Malaysia to wake up and recognize the commercial realities faced by contractors. All standard form construction contracts in Malaysia, with the exception of Public Works Department Contract PWD 203/A[Read more...]

Time for a Time Limit on EPF Lawsuits

Time for a Time Limit on EPF Lawsuits

by Nicholas Wong

Imagine you are a sleeping company director and not an active part of the company’s management. Your fellow (active) director, who has been internally tasked to handle the company’s Employees Provident Fund (EPF) contributions, overlooks several payments.[Read more...]

The Effect of Section 114A of the Evidence Act 1950 on Internet Publications

The Effect of Section 114A of the Evidence Act 1950 on Internet Publications

by Pauline Lim Wenjun

In today’s generation, the use of social media is omnipresent. It has become commonplace to post one’s views or share content on social media, without any thought on the repercussions of the same. In this regard, it is important for the public to be aware of legislation pertaining to social...[Read more...]

Latest Decision by a Nine-Member Bench of the Federal Court

Latest Decision by a Nine-Member Bench of the Federal Court

by Clinton Tan

Today, the Federal Court delivered another decision from its nine-member bench of Federal Court judges. This is another historical judicial event as Federal Court appeals are usually heard by a panel of five judges.[Read more...]

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...]