Articles


VIEW ALL
Retracting a Police Report: How Consent Order plays a role

Retracting a Police Report: How Consent Order plays a role

by Lavinia Kumaraendran

A Consent Order/Judgement is a form of settlement entered into between two consented parties in a legal action filed in court to resolve a dispute by satisfying certain arrangements without admission of guilt or liability. Essentially it is akin to an Agreement/Contract.[Read more...]

Key takeaways from AGC’s decision to withdraw charges against Lim Guan Eng

Key takeaways from AGC’s decision to withdraw charges against Lim Guan Eng

by Clinton Tan

The Attorney General's Chambers has issued a statement to explain its decision to discontinue the prosecution of Lim Guan Eng and Phang Li Koon. The AGC emphasised that the Attorney General himself had since early August recused himself from handling this case.[Read more...]

Share Valuation for Oppressed Minority Shareholder

Share Valuation for Oppressed Minority Shareholder

by Lavinia Kumaraendran

Do you own shares in a company? If yes, how many shares do you own? Less than 50%? Then you are a minority shareholder. In the corporate sphere, the majority rule allows majority shareholders to make key decisions in the company.[Read more...]

Chatime-Tealive dispute settled out of court

Chatime-Tealive dispute settled out of court

by Clinton Tan

To briefly recap, La Kaffa International Co Ltd essentially argued that Loob Holding Sdn Bhd had breached its contract in operating the "Chatime" franchise, and that Loob Holding proceeded to set up "Tealive" by using trade secrets from the "Chatime" franchise.[Read more...]

Nine-member Federal Court bench convenes for first time

Nine-member Federal Court bench convenes for first time

by Clinton Tan

The Federal Court usually hears disputes through a panel of five Federal Court judges. Today is the first time that a panel comprising nine Federal Court judges was empanelled to hear and determine a dispute. This is a result of a recent direction of the new Chief Justice Tan Sri...[Read more...]

Final Report on MH370

Final Report on MH370

by Balan Nair

According to the Preliminary Report published by the Office of the Chief Inspector of Air Traffic Accidents from the Department of Ministry of Transportation in Malaysia, Flight MH370, scheduled for departure from Kuala Lumpur International Airport (KLIA), to Beijing, China, departed at 00:41:43 MYT on Saturday, March 8 2014.[Read more...]

A Note on Withdrawal of a Civil Suit

A Note on Withdrawal of a Civil Suit

by Alliff Benjamin Suhaimi

Recently, there have been reports about a certain public figure withdrawing or intending to withdraw civil suits that he has filed. The question is: Can a Plaintiff withdraw a civil suit on his own whims and fancy?[Read more...]

Notes on the Arbitration Amendment (No. 2) Act 2018

Notes on the Arbitration Amendment (No. 2) Act 2018

by Admin

The Malaysian Parliament has passed the Arbitration Amendment (No. 2) Act 2018 (the “Amendment Act”), which is aimed at boosting Malaysia’s reputation as a safe place and arbitrary-friendly jurisdiction.[Read more...]

Civil Fraud - A drastic revision of the standard of proof required.

Civil Fraud - A drastic revision of the standard of proof required.

by Gavin Jay Anand Jayapal

A drastic revision of the standard of proof required. The law on civil fraud and the standard of proof required has seen a sea-change in recent days. The Federal Court has drastically up-ended the law via the decision of Sinnaiyah & Sons v Damai Setia [2015] 5 MLJ 1. This case...[Read more...]

Reynolds’ Privilege and Lucas Box

Reynolds’ Privilege and Lucas Box

by Alliff Benjamin Suhaimi

Recognition of Common Law defences in defamation claims in Malaysia. This appeal arises from a defamation action brought by SYABAS against the Respondent, Tony Pua. The words complained of by SYABAS were uttered by Tony Pua at a forum on 14.11.2010 which was subsequently published in an article in Nanyang...[Read more...]