What happens when a company, that holds a dominant position in a trade or possesses a significant power, uses its dominance and puts other companies in similar trade at a competitive disadvantage? This issue was dealt with in the High Court case of MYEG Services Sdn Bhd & Anor v Competition Commission & Anor. We…
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How do you deliver a notice of demand to a company? Is there more than one way to do so? We shall briefly deal with this issue by looking at what the court says in Tee Yam Holdings Sdn Bhd v Shanghai Capital Sdn Bhd; Tenaga Nasional Bhd (Petitioner). Brief facts of the case Shanghai…
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Where to start and how? Let us first take a look at Section 206 of the Companies Act, which states that: In a private company, a director (subject to the company’s constitution) may be removed before the expiration of the director’s period of office via ordinary resolution. In a public company, a director may be…
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Can we say anything and everything we want? While the constitution guarantees our right to free speech, we are ultimately still responsible for what we said. In law, we can be liable for criminal or civil defamation for what we say in public. In this article, we will briefly share with you guys what defamation…
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What is winding up? Generally speaking, it is a term/ phrase to describe the process of closing down or dissolving a company. This is not to be confused with bankruptcy (i.e. a process instituted against an individual who is unable to pay his debts). What does it involve? It involves the selling of assets (generally…
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With great power comes great responsibility. Being a company director comes with all the glamour and perks, but so do responsibilities. Let us help you navigate through the waters of directorship with a brief list of dos and don’ts for company directors in Malaysia. Director is not just about name and fame- it comes with…
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As we all know, the Companies Act 1965 has been repealed and replaced by the Companies Act 2016. Coming into force on the 31st of January, 2017, the 2016 Act was put in place to fix certain provisions that were problematic in the 1965 Act, such as the compliance provisions, procedures on the managing of…
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When we talk about a scheme of the arrangement, who are the parties that are usually involved? Today, we will briefly talk about them, namely, the creditors, and what they can do in relation to a scheme of arrangement. PS: We will deal with the topic of the scheme of arrangement in another article of…
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What is a fortuna injunction? Fortuna injunction is generally used or relied upon by a company when they want to prevent their creditors from winding up the company (by applying for a winding-up petition against the company) under section 466 of the Companies Act without any valid justification for doing so. Fortuna injunction got its…
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Today, we will briefly look at the High Court case of ISM Sdn Bhd v Queensway Nominees (Asing) Sdn Bhd & Ors And Other Suits. In particular, we will ask ourselves this while briefly sharing the case: do parties to a joint venture agreement automatically owe a fiduciary duty to one another? Brief facts of…
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