A brief guide on “derivative action” A derivative action is an exception to the common law rule in Foss v Harbottle (the rule in Foss v Harbottle provides that if a company suffers a wrong, prima facie it is the company itself that should institute an action to remedy the wrong done to it, and…
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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…
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FYI, a public prosecutor can order the seizing of properties of a person that is charged under AMLA. However, can they seize properties that are under trust? If the answer is yes, under what condition can they do so? Let’s briefly have a look at the Court of Appeal case of Tetuan Khana & Co…
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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…
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