A brief history of erinford injunction Erinford came about when the court realizes there is a need to ensure that a decision (when appealed) to a higher court, will not be rendered of no value or importance if the decision is revered by the higher court, in the sense that there is nothing left for…
Read more
Can a party institute a civil action against an offending party after the offending party’s assets and properties are seized under AMLA? This question was briefly analyzed and dealt with in Protasco Bhd v PT Anglo Slavic Utama & Ors, which we will briefly have a look at in this article. Brief facts of the…
Read more
The Federal Court in Auspicious Journey Sdn Bhd v Ebony Ritz Sdn Bhd & Ors recently dealt with the issue of whether directors of a company and/ or third parties can be held personally liable for oppression action. To cut the long story short, the Federal Court held in the positive. The long answer is…
Read more
When shares are transferred from one party to another, how does the company value the shares (for stamp duty purposes)? Is it: a: A fixed value as stated in the transfer form; or b: Other considerations need to be taken into account in determining the actual value of shares of the date of transfer? Let…
Read more
Can a company be joined as a co-petitioner in a derivative action against the company itself? Let us briefly look at the case of Koh Jui Hiong @ Koa Jui Jeong & Ors v Ki Tak Sang @ Kee Tak Sang And Another Appeal and determine the question above. Brief facts of the case One…
Read more
What is fraudulent trading? Fraudulent trading is an act whereby a company carries on business operations with the intent to commit fraud/ purposefully defrauding its creditors/ creditors of other entity. Under section 540 Companies Act, it can be noted that fraudulent trading is both a civil criminal offence and is punishable by steep fines, debt/liabilities…
Read more
What is a shadow director A shadow director is a director who: Is not formally appointed by the company; Are usually the ones who are controlling/ commanding the formally appointed directors (de jure directors) in the background; and The instructions given by them are usually followed and carried out by members of the board of…
Read more
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
What kind of payment claim can a party in a construction contract claim under the Construction Industry Payment and Adjudication Act? To find out more, let us briefly look at the Federal Court case of Martego Sdn Bhd v Arkitek Meor & Chew Sdn Bhd & Another Appeal, where the court had the chance to…
Read more
When a party wishes to enforce an arbitration award through a court of law in Malaysia, must the party provide the court with the whole award given in the arbitration proceedings in order for the court to decide whether to allow the party to enforce the award or only a dispositive part of the award?…
Read more
Recent Comments