Tag: Litigation Advisory & Strategy

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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

Case Study – From The Tempered Date Vs The Date Of Discovery

When does the limitation period start to run for a meter tampering case? Is it when TNB discovers that a company/ individual has tampered with their electrical meter or when, for example, the company/ individual denies liability? This matter was discussed in multiple cases. We will briefly look at this issue, based on the recent…
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October 31, 2021 0

Case Study – A Brief Overview Of Eddy Salim & Ors v Iskandar Regional Development Authority & Ors

Brief facts of the case The plaintiffs, in this case, were a group of orang asli (Eddy Salim being one of them) who were in a land dispute with Iskandar Regional Development. They alleged that Iskandar Regional Development trespassed onto their native customary land while doing reclamation work for development purposes (mix development project). However,…
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October 31, 2021 0

Can properties held under trust be seized under AMLA?

FYI, a  public prosecutor can order the seizing of properties of a person that is charged under AMLA. However, can they seize properties that are under trust? If the answer is yes, under what condition can they do so? Let’s briefly have a look at the Court of Appeal case of Tetuan Khana & Co…
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May 29, 2021 0

Can a civil action be instituted against a party after who just had its property seized under AMLA?

Can a party institute a civil action against an offending party after the offending party’s assets and properties are seized under AMLA? This question was briefly analyzed and dealt with in Protasco Bhd v PT Anglo Slavic Utama & Ors, which we will briefly have a look at in this article.  Brief facts of the…
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May 29, 2021 0

To Stay Or Not To Stay An Execution

To kick start this article, let us briefly look at a scenario: A and B settle their dispute in court. A lost. A was ordered by the court to comply with a court order, which is, as we all would know by now, is in favor of B. Miffed, A filed an appeal. During this…
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August 21, 2020 0

Minority Oppression In A Company

Being a minority shareholder in a company is not a walk in the park. To give some context:  Minority shareholder votes are virtually meaningless unless they could garner the support of the majority shareholders;  They have to be on constant alert to the attempts by the majority shareholders to abuse their power to the detriment…
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August 10, 2020 0

Re-Litigating a Foreign Judgment : Is It Even Possible?

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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August 2, 2020 0

If You are Discharged from A Crime, Does it Mean You are Innocent?

If a person is discharged by the court for a crime they allegedly committed, does that mean that the person is innocent? Can the prosecution recharge him? In short, no, a person is not automatically innocent, and yes, he can be recharge for the crime he allegedly committed. Below is a snippet on this issue.…
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July 16, 2020 0

A Separate Proceedings for Contempt of Court?

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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June 29, 2020 0