Month: May 2022

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Contract 101: Can A Third Party Indemnify The Original Parties To A Contract?

Scenario: Ali and Muthu entered into a contract. Muthu breaches the contract and was ordered by Court to pay Ali damages. Ali and Ah Hock entered into a contract. Ali breaches the contract and Ah Hock sues for damages. Since Muthu is contractually liable to Ali in the previous suit, can Ali make Muthu a…
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May 31, 2022 0

Can Directors A Company Or Third Parties Be Personally Liable In An Oppression Action?

The short answer is yes. The long answer can be found in the recent Federal Court decision of Auspicious Journey Sdn Bhd v Ebony Ritz Sdn Bhd & Ors. We will briefly look at the case below. Generally, can you bring an action against a director of a company? In most circumstances, the courts are…
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May 31, 2022 0

A Brief Guide On How To Sell Your Company’s Shares/ Assets

Planning to sell your company’s shares/ assets? In this article, we will briefly share with you how to do so. A brief introduction to sales of shares Question: What is sold? Answer: Your shares in the company Question: Who are the parties involved? Answer: Yourself, any other shareholders of the company, and any potential buyers.  Question: What happens after the…
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May 31, 2022 0

Can A Company Put Its Competitors At A Competitive Disadvantage?

What happens when a company, that holds a dominant position in a trade or possesses a significant power, uses its dominance and puts other companies in similar trade at a competitive disadvantage?  This issue was dealt with in the High Court case of MYEG Services Sdn Bhd & Anor v Competition Commission & Anor. We…
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May 31, 2022 0