Being a minority shareholder in a company is not a walk in the park. To give some context: Minority shareholder votes are virtually meaningless unless they could garner the support of the majority shareholders; They have to be on constant alert to the attempts by the majority shareholders to abuse their power to the detriment…
Read more
A and B fought out a dispute in a foreign court. At the end of it, one party won, while the other is left to sulk in a corner. Can the party who is sulking relitigate the matter locally? Let us find out by briefly looking at the recent High Court (Sibu) case of Wong…
Read more
What happens when two parties purchased the same property? Whose claim is stronger? Specifically and for example: a purchaser purchases a property from a property developer. At the same time, a bidder successfully bid for the property via an auction. In such a situation, who has rights/ claims over the property? This issue was dealt…
Read more
If a person is discharged by the court for a crime they allegedly committed, does that mean that the person is innocent? Can the prosecution recharge him? In short, no, a person is not automatically innocent, and yes, he can be recharge for the crime he allegedly committed. Below is a snippet on this issue.…
Read more
Covid-19 has, at some point in time, but the world to a standstill. With no end in sight (yet), business and government bodies have little to no choice but to put on their creative hats and find alternate ways to continue to operate. The legal system in Malaysia is no exception– trials are finally being…
Read more
Are contempt proceedings separate and distinct proceedings from the main proceedings? For example, does it mean that if a person is charged in a criminal court (in the main proceedings), any conduct which gives rise to a contempt of court automatically becomes a criminal contempt? This issue was briefly dealt with in the Court of…
Read more
What is an academic question? An academic question, or a hypothetical question, as propounded by the Federal Court in Metramac Corp Sdn Bhd (formerly known as Syarikat Teratai KG Sdn Bhd) v Fawziah Holdings Sdn Bhd, is a question of law which does not affect the outcome of a dispute between the parties in court/…
Read more
Let’s cut the chase and dive right in: In lieu of what is happening right now (Covid-19 Pandemic), can a tenant decide to not pay rent to his landlord? In this article, we will briefly look at two legal principles that a tenant might be able to rely upon to do so. Is there a…
Read more
Generally, and depending on the circumstances, a person who is accused of committing a crime (also known as “the accused”) can be released on bail pending the hearing of their case. However, if the accused is released on bail, how can the court ensure that they show up in court on the day of trial?…
Read more
What is unjust enrichment It is an occurrence in law (usually in a contractual dispute) whereby a person is enriched at the expense of another, and the enrichment is deemed to be unjust in the eyes of the law. For example, A and B entered into a contract whereby A will pay a sum of…
Read more
Recent Comments