Is a court bound by relief granted in the Companies Act in an oppression case (specifically, section 346(2) of the Companies Act? This was discussed in the Federal Court case of Auspicious Journey Sdn Bhd v Ebony Ritz Sdn Bhd & Ors. Let us have a look at it. Brief facts of the case Auspicious…
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Is it possible for condominium management to sue a developer for defects in a condominium? This issue was recently dealt with in Dua Residency Management Corporation v Edisi Utama Sdn Bhd & Anor. Brief facts of the case Edisi Utama developed a portion of the land owned by them into a condominium. One of the…
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Star Asia Group entered into a SPA with Fung Keong Rubber whereby Fung Keong Rubber is to sell their plants and machinery to the Star Asia Group for a total sum of RM5,500,000.00. Before the SPA can be completed (and as per the terms of the SPA) Star Asia Group was given 14 days (upon…
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In this article, we will take a quick look at the case of Naza Italia Sdn Bhd v Perfect Logistic Services and whether the claim of vicarious liability was successfully established in that case. Brief facts of the case Naza Italia, a company that has exclusive rights in selling Ferraris and its spare parts in…
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Brief summary of the case Dato Cheah, owner, and director of ISM was the approach in 2006 to assist in the rehabilitation of an abandoned project located in KL called CN Gallery. As the land of the project was too small to be developed into a mixed-use commercial development of significant value, Dato Cheah conceived…
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What is corporate liability? Corporate liability refers to the liability of the company in the event they commit wrongdoing. More specifically, it deals with a situation whereby a company (or in this case, commercial organization) conspires with other companies/ parties/ individuals to commit acts of fraud or dishonesty that involves bribery i.e. corruption. If you…
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What is a debenture holder? Can a debenture holder raise an oppression claim in court? This question was dealt with in the recent case of The Bank Of Nova Scotia Berhad & Anor v Lion DRI Sdn Bhd & Ors. We shall briefly share with you what the court says on this matter. What is…
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Does the reflective loss principle apply across the board or only to a specific group of people? This issue was recently dealt with by the high court in Agathisfour Sdn Bhd v Papparich Group Sdn Bhd. We will briefly look at it in the article below. Brief facts of the case Agathisfour entered into a…
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What is it all about? The financial year-end is an annual must-do exercise in which every company has to go through. In this regard: It determines the company’s financial statement; It is generally known as the financial year where the profit & loss account and balance sheet are made up and made known to the…
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Broadly speaking, a company secretary (or ‘co sec’ as they are colloquially called) is someone who usually assists the company in observing corporate governance, corporate planning, and strategy development of the company. Once you get to know one, you will realize that a company secretary does more than just that. While you might think that…
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