What is a “friendly loan” A “friendly loan” is a loan: That is different from those a person obtain from a moneylender or financial institution; The loan is given on trust i.e. it might/ might not have a written agreement between the parties involved In order to secure the repayment of the loan, there may…
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What is debt recovery? In legal terms, it is a process that allows you (as a creditor) to recover the debts that are owed to you (legally) by individuals or companies (“debtors”) arising from a breach of contract for service, contract for sale and purchase, loan agreement, etc. PRELIMINARIES If your debtor is an…
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What is a consumer tribunal? The Tribunal for Consumer Claims or the Tribunal Tuntutan Pengguna Malaysia (the “Tribunal”), an independent body established under the Consumer Protection Act (the “Act”) and operates under the Ministry of Domestic Trade, Co-Operatives and Consumerism, is a tribunal that is established to provide an alternate means for consumers to file…
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In this article, we will briefly discuss the ways in which an employee can be laid off, namely, retrenchment, voluntary separation scheme (VSS), and mutual separation scheme (mss). Retrenchment Retrenchment occurs when a company discharges surplus labour or staff. It can be done in six situations (as shown in section 12(3) of the Employment Act),…
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What is an offer to settle? An offer to settle is a legal gesture whereby a party to a trial proposes to settle his/ her gripe with the opposite party out of court before the matter is decided in its finality in court. The offer could come in myriad forms i.e. abstinence, compensation, or even…
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A tenancy agreement is an agreement entered between the owner of a property (the landlord) and an individual/ company (the tenant) where the landlord agrees to rent out the property to the tenant for a sum of money. During the tenancy period, what are the rights accorded to both parties? In this article, we will…
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A and B fought out a dispute in a foreign court. At the end of it, one party won, while the other is left to sulk in a corner. Can the party who is sulking relitigate the matter locally? Let us find out by briefly looking at the recent High Court (Sibu) case of Wong…
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Covid-19 has, at some point in time, but the world to a standstill. With no end in sight (yet), business and government bodies have little to no choice but to put on their creative hats and find alternate ways to continue to operate. The legal system in Malaysia is no exception– trials are finally being…
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Are contempt proceedings separate and distinct proceedings from the main proceedings? For example, does it mean that if a person is charged in a criminal court (in the main proceedings), any conduct which gives rise to a contempt of court automatically becomes a criminal contempt? This issue was briefly dealt with in the Court of…
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What is an academic question? An academic question, or a hypothetical question, as propounded by the Federal Court in Metramac Corp Sdn Bhd (formerly known as Syarikat Teratai KG Sdn Bhd) v Fawziah Holdings Sdn Bhd, is a question of law which does not affect the outcome of a dispute between the parties in court/…
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