As we all know, the Companies Act 1965 has been repealed and replaced by the Companies Act 2016.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 death inquiry? Death inquiry is a process conducted by a Magistrate when a person dies suddenly/ unnaturally/ by violence/ by an unknown means. It is usually conducted to ascertain: The identity of the deceased; When, where, and how or why did the deceased pass away; Who caused the death of the deceased;…
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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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Is a court bound by relief granted in the Companies Act in an oppression case (specifically, section 346(2) of the Companies Act? This was discussed in the Federal Court case of Auspicious Journey Sdn Bhd v Ebony Ritz Sdn Bhd & Ors. Let us have a look at it. Brief facts of the case Auspicious…
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Who do you turn to (and what do you need to know) if you are having a dispute with a condo managing corporation? We will briefly share with you below some of the options you have, and what you need to know about the options shared below. A) Strata management tribunal Question: What are some…
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FAQ on buying and selling of property: Question: Who can be a party to the transaction? Answer: Anyone who is 18 and above and is not bankrupt. Question: How to find out more information on the property in question? Answer: Do a land search in the relevant land office. The land search would provide important…
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Brief facts of the case Harapan Ramai entered into a contractual agreement with Wan Kuari whereby Harapan Ramai engaged Wan Kuari as its contractor to execute drilling and blasting of granite blocks at the defendant’s quarry at Bukit Lunchu, Masai, Johor. Unfortunately, an uncontrolled explosion occurred at the quarry, killing one person and damaging nearby…
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Generally, in order to transfer property to another person, that person would actually have to buy it from the owner of the property. Today, we will briefly discuss this method i.e. buying/ selling of the property. Ps: we will discuss other ways of transferring properties in another article. General guideline Question: Who can be a…
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