Tag: Corporate & Commercial Disputes

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Is It Possible For Condo Management To Sue A Developer For Defects In A Condominium?

Is it possible for condominium management to sue a developer for defects in a condominium? This issue was recently dealt with in Dua Residency Management Corporation v Edisi Utama Sdn Bhd & Anor. Brief facts of the case Edisi Utama developed a portion of the land owned by them into a condominium. One of the…
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November 28, 2021 0

Case Study – A Brief Overview Of Star Asia Group Singapore Holding Pte Ltd v Fung Keong Rubber Manufactory (Malaysia) Sdn Bhd

Star Asia Group entered into a SPA with Fung Keong Rubber whereby Fung Keong Rubber is to sell their plants and machinery to the Star Asia Group for a total sum of RM5,500,000.00. Before the SPA can be completed (and as per the terms of the SPA) Star Asia Group was given 14 days (upon…
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November 28, 2021 0

Case Study – A Brief Overview Of Naza Italia Sdn Bhd v Perfect Logistic Services

In this article, we will take a quick look at the case of Naza Italia Sdn Bhd v Perfect Logistic Services and whether the claim of vicarious liability was successfully established in that case. Brief facts of the case Naza Italia, a company that has exclusive rights in selling Ferraris and its spare parts in…
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November 28, 2021 0

Case Study – Breach Of Shareholder Agreement = Oppression?

Brief summary of the case Dato Cheah, owner, and director of ISM was the approach in 2006 to assist in the rehabilitation of an abandoned project located in KL called CN Gallery. As the land of the project was too small to be developed into a mixed-use commercial development of significant value, Dato Cheah conceived…
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October 31, 2021 0

Introduction To Corporate Liability

What is corporate liability? Corporate liability refers to the liability of the company in the event they commit wrongdoing. More specifically, it deals with a situation whereby a company (or in this case, commercial organization) conspires with other companies/ parties/ individuals to commit acts of fraud or dishonesty that involves bribery i.e. corruption.  If you…
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August 25, 2021 0

Can A Debenture Holder Sue On The Basis Of Oppression?

What is a debenture holder? Can a debenture holder raise an oppression claim in court? This question was dealt with in the recent case of The Bank Of Nova Scotia Berhad & Anor v Lion DRI Sdn Bhd & Ors. We shall briefly share with you what the court says on this matter. What is…
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June 30, 2021 0

Does “Reflective Loss Principle” Applies Across The Board?

Does the reflective loss principle apply across the board or only to a specific group of people? This issue was recently dealt with by the high court in Agathisfour Sdn Bhd v Papparich Group Sdn Bhd. We will briefly look at it in the article below. Brief facts of the case Agathisfour entered into a…
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June 30, 2021 0

Determining The Financial Year End Of A Company

What is it all about? The financial year-end is an annual must-do exercise in which every company has to go through. In this regard: It determines the company’s financial statement; It is generally known as the financial year where the profit & loss account and balance sheet are made up and made known to the…
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June 29, 2021 0

Can Derivative Action Be Instituted Against A Third Party?

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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May 31, 2021 0

A Quick Guide On Erinford Injunction

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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May 31, 2021 0