In this article, will briefly look at the case of Malayan Banking Ltd v Raffles Hotel Ltd and tackle this issue: whether a person who is not a member of a company or party to the articles of association can acquire rights under the articles of association/ company’s constitution? TLDR, no. The long answer can…
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Can a company director influence another director to enter into commercial agreements/ contractual transactions while secretly reaping personal benefits out of the agreement/ transaction? Can a director put his personal gain above that of the company and influence the rest of the directors to ensure that the company lands commercial agreements/ contractual transactions? Generally speaking,…
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Previously, we shared on section 470 of the Companies Act– what it is about, what it does, and the purpose of the section. TLDR, section 470 puts all legal proceedings against the company on hold except that of the winding-up petition against the company to ensure that a company’s assets are preserved and the company…
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What can be done (in a potential winding-up scenario) to ensure that a company’s assets are preserved for its creditors? In comes the first safeguard mechanism- section 470 of the Companies Act. We will briefly look at it below. What does section 470 say? Section 470 of the act states that: “ At any time…
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Someone gave your business a 1-star review and it affected your business. Can you sue him/her? Can they justify why they say what they say? Short answer, yes you can- you can actually sue that person for defamation. Likewise, the person can also justify why they say what they say. We will briefly look at…
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You entered into a business agreement with a company. All is well until you found out that you have been misled by the director of the company to enter into the agreement. What can you do? Can you sue the director personally? Generally, no. The law usually accords the directors of the company a bubble…
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**In this article, we will only focus on whether there exists minority oppression in this particular case (the short answer is no, the long answer can be gleaned below). Case summary Yuk Kong is a minority shareholder and director in Landyork Farming. He alleged that there exists minority oppression instituted by the majority shareholders of…
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**In this article, we will only focus on one aspect of the case, namely- whether a quasi-partnership relationship can exist between parties to a joint-venture agreement. Case summary The director and owner of ISM, Dato Cheah was approached in 2006 to assist in the rehabilitation of an abandoned project called CN Gallery. An idea was…
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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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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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