Journals

As we progress in our field, we accumulate essential knowledge and crucial insight into the inner workings of the law and its application to real life scenarios and how it affects you and your commercial and private interests. We believe in creating a more law-conscious community by sharing our knowledge, thoughts, and perspectives.

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Fostering Foreign Investment: Legal insights into Malaysia’s Education Sector

Foreign Participation in the Education Sector in Malaysia

 
Bankruptcy Proceedings: Can a Creditor’s Petition be withdrawn with liberty to file afresh?

Introduction

 
Termination of Software Development Contracts - Amanah Raya Berhad v Mesiniaga Berhad [2024] 3 AMR 258

Overview

 
Contempt of court: part 1 - when do directors become personally liable for breach of court order?

INTRODUCTION

 
Case Updates
PROTASCO BHD v. PT ANGLO SLAVIC UTAMA & ORS [2023]
Introduction

Company directors are often responsible for key strategic and operational decisions which may affect the present state of the company and its future direction.

 
Case Updates
Difficulties in Complying with a Court Order are not an Excuse

The High Court in a recent decision of Datuk Beh Kim Ling & Anor v.

 
Case Updates
A breach of a facility agreement by the bank does not exonerate the principal borrower and guarantors from its liabilities to repay the loan
Introduction

The Federal Court in Bank Kerjasama Rakyat Malaysia Berhad v GM Healthcare Sdn Bhd & 5 Ors recently re-affirmed the principle in Mae Perkayuan on the issue whether a breach of a facility agreement by a bank exonerates the principal borrow

 
Case Updates
Director’s Right to Inspect the Accounting Records of a Company under S. 245 of the Companies Act, 2016 Encompasses the Accounting Records of the Company’s Subsidiaries
Introduction

A director’s right to inspect the accounting and other records of a company under S.

 
Asian International Arbitration Centre is not immune from Judicial Review when acting as the Adjudication Authority

In the recently released grounds of judgment dated 26 September 2023, the Court of Appeal unanimously ruled that when acting as the construction industry adjudication authority under the Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012”), Asian International A

 
Much ado about a will - Kong Kin Lay & 5 Ors v. Kong Kin Siong & Ors And Other Cases [2023] MLRHU 1427, [2023] MLJU 1858; [2023] 1 LNS 1528

Introduction

The freedom of testation simply means that a testator is free at law to bequeath whatsoever he owns to whomsoever he desires. The bequeath is in the form of a will, which seeks to avoid potential disputes between the testator’s heirs or beneficiaries.

 
Case Updates
Altering consent judgment for purpose of enforcement - Stadco Sdn Bhd v. Cherating Development Sdn Bhd & Anor [2022] 1 LNS 3328
Introduction

What is a litigant’s recourse when the opponent defaults in complying with timelines in a consent judgment? In Stadco Sdn Bhd v.

 
Case Updates
Which court to apply for clarification – Nautical Supreme Sdn Bhd v. Azimuth Ship Management Sdn Bhd [2023] MLJU 1218
Introduction

Whilst there may not be much dispute that any clarification required of an order should be heard by the court that granted the order in the first place, it is critical to correctly identify the order in question. In Nautical Supreme Sdn Bhd v.

 
Case Updates
The Right to Intervene and Setting Aside of Court Order by a 3rd Party. George Pathmanathan A/L Michael Gandhi Nathan v Portcullis International LTD & Ors
Introduction

Can a 3rd party intervene and set aside the court order after the order has been perfected?

 
Case Updates
Directors’ pursuit of good corporate governance is neither a conspiracy nor in breach of duties – Nautilus Tug & Towage Sdn Bhd v. Nautical Supreme Sdn Bhd & Ors [2022] 4 CLJ 594
Introduction

Directors play an important role in ensuring good corporate governance in a company. This is easier said than done, especially when non-executive directors representing a minority shareholder are outnumbered by hostile directors appointed by the majority shareholder.

 
Case Updates
Application of the doctrine of deferred indefeasibility - Pushpaleela a/p R Selvarajah & Anor v Rajamani d/o Meyappa Chettiar and other appeals [2019] 2 MLJ 553
Introduction

The legal status of the title of land acquired by a bona fide purchaser for valuable consideration has long been plagued by uncertainty amidst contrasting decisions by the Courts.