When we talk about a scheme of the arrangement, who are the parties that are usually involved? Today, we will briefly talk about them, namely, the creditors, and what they can do in relation to a scheme of arrangement. PS: We will deal with the topic of the scheme of arrangement in another article of…
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What is a death inquiry? Death inquiry is a process conducted by a Magistrate when a person dies suddenly/ unnaturally/ by violence/ by an unknown means. It is usually conducted to ascertain: The identity of the deceased; When, where, and how or why did the deceased pass away; Who caused the death of the deceased;…
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What is a fortuna injunction? Fortuna injunction is generally used or relied upon by a company when they want to prevent their creditors from winding up the company (by applying for a winding-up petition against the company) under section 466 of the Companies Act without any valid justification for doing so. Fortuna injunction got its…
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Today, we will briefly look at the High Court case of ISM Sdn Bhd v Queensway Nominees (Asing) Sdn Bhd & Ors And Other Suits. In particular, we will ask ourselves this while briefly sharing the case: do parties to a joint venture agreement automatically owe a fiduciary duty to one another? Brief facts of…
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