malaysia - Corporate Law - Judgments & Rulings

Ong Kwong Yew and 6 Others v Ong Ching Chee and 4 Others, and 18 Other Appeals

Date: 11 December 2018; Court: Court of Appeal; Citation: Rayuan Sivil Nos. B-02(IM)-2135-10/2017, B-02(IM)-2259-11/2017, B-02(IM)-2325-11/2017, B-02(IM)-2326-11/2017, B-02(IM)-2327-11/2017, B-02(IM)-2328-11/2017, B-02(IM)-2329-11/2017, B-02(IM)-2330-11/2017, B-02(IM)-2331-11/2017, B-02(IM)-2422-11/2017, B-02(IM)-2562-12/2017, B-02(IM)-2563-12/2017, B-02(IM)-2564-12/2017, B-02(IM)-2565-12/2017, B-02(IM)-2566-12/2017, B-02(IM)(NCC)-2133-10/2017, B-02(IM)(NCC)-2134-10/2017, B-02(A)-907-04/2018 & B-02(A)-908-04/2018; Source: Federal Court Registry

SSM Management Sdn Bhd v Aeon Big (M) Sdn Bhd

Date: 12 February 2019; Court: Court of Appeal; Citation: Civil Appeal No. W-02(NCC)(A)-1328-07/2017; Source: Federal Court Registry

Merais Sdn Bhd v Lai King Lung and Another

Date: 13 March 2019; Court: Court of Appeal; Citation: Civil Appeal No. B-02(NCvC)(W)-3-01/2018; Source: Federal Court Registry

CIMB Islamic Bank Berhad v Wellcom Communications (NS) Sdn Bhd and Another

Date: 13 February 2019; Court: Court of Appeal; Citation: [2018] MYCA 489; Source: Federal Court Registry

Tuan Mat Bin Tuan Ismail v Tan Ah Hin and 4 Others

Date: 07 February 2019; Court: Court of Appeal; Citation: [2018] MYCA 482; Source: Federal Court Registry

Shencourt Sdn Bhd v Shencourt Properties Sdn Bhd

Date: 18 January 2019; Court: Court of Appeal; Citation: [2018] MYCA 460; Source: Federal Court Registry

Waris Selesa Sdn Bhd v Tradelift Indopalm Industries Sdn Bhd and Another Appeal

Date: 07 January 2019; Court: Court of Appeal; Citation: [2018] MYCA 443; Source: Federal Court Registry

Wendy Tan Lee and 3 Others v Ng Hoo Kui and Another

Date: 19 December 2018; Court: Court of Appeal; Citation: [2018] MYCA 432; Source: Federal Court Registry

Chi Chao-Ton Tony and 2 Others v Repute Ventures Sdn Bhd

Date: 21 December 2018; Court: Court of Appeal; Citation: [2018] MYCA 425; Source: Federal Court Registry

Malayan Banking Berhad v Gan Bee San and 3 Others, and Another Appeal

Date: 22 November 2018; Court: Federal Court; Citation: [2018] MYFC 32; Source: Federal Court Registry

Low Tuck Choy v Low Teik Kien

Date: 22 November 2018; Court: Court of Appeal; Citation: [2018] MYCA 410; Source: Federal Court Registry

Ng Chong Wee v Ng Chong Geng & Sons Sdn Bhd

Corporate law – Shares – Jurisprudence relating to transmission and transfer of shares

Date: 24 July 2018; Court: Court of Appeal; Citation: [2018] MYCA 221; Source: Federal Court Registry

Low Boon Eng and 2 Others v Teo Kiong Huat and 3 Others, and Another Appeal

Corporate law – Shareholding in a company – Purchase of shares – Intention of parties behind the purchase of shares

Date: 03 July 2018; Court: Court of Appeal; Citation: [2018] MYCA 228; Source: Federal Court Registry

Lim Chiew v Lee Chao Yong and Another, and Another Appeal

Corporate law – Winding up – Proof of debt – Whether the liquidator has rightfully exercised his discretion to admit the proof of debt – Whether the liquidator’s decision accepting the proof of debt unreasonable or absurd

Litigation & court procedure – Locus standi/ Laches – Res judicata/ est ...

Date: 30 July 2018; Court: Court of Appeal; Citation: [2018] MYCA 263; Source: Federal Court Registry

Redmax Sdn Bhd v PSI Incontrol Sdn Bhd

Corporate insolvency – Winding Up – Whether the debt disputed – Whether the respondent a creditor within the meaning of section 218(2) of the Companies Act – Whether the respondent entitled to present the winding up petition

Date: 07 September 2018; Court: Court of Appeal; Citation: [2018] MYCA 292; Source: Federal Court Registry

TRA Mining (Malaysia) Sdn Bhd v Thien Hong Teck and 4 Others, and Another Appeal

Partnership – Whether a partner, who entered a partnership pursuant to an assignment can on the true construction of section 33 of the Partnership Act 1961 be deemed a partner for the purposes of ascertaining the number of partners under subsection 314(2) of the Companies Act 1965

Date: 08 August 2018; Court: Federal Court; Citation: [2018] MYFC 19; Source: Federal Court Registry

Sazean Engineering & Construction Sdn Bhd v Bumi Bersatu Resources Sdn Bhd

Corporate law – Effect of an undischarged bankrupt director on a company with only two directors on its Board of Directors – Section 127 of the Companies Act 1965

Date: 07 June 2018; Court: Court of Appeal; Citation: [2018] MYCA 213; Source: Federal Court Registry

Yeoh Seng Keong v Bircher Asia Pacific Sdn Bhd

Corporate law – Director – Fiduciary duty – Whether the appellant, as a nominee director, owed any fidelity and or fiduciary duty to the respondent – Whether the trial court had erred when it decided that the appellant had breached his fiduciary duties – Whether the trial judge had erred in awarding general damages ...

Date: 19 July 2018; Court: Court of Appeal; Citation: [2018] MYCA 260; Source: Federal Court Registry

Malayan Banking Berhad v Jeuro Developments Sdn Bhd and Another

Corporate law – Winding up – Liquidator – Proof of debt – Where a housing developer has been wound up and money in the housing development account was paid to a creditor pursuant to a court order in the winding up proceedings, does it preclude or estop the liquidator from rejecting the proof of debt from the creditor &nda ...

Date: 26 January 2018; Court: Court of Appeal; Citation: [2018] MYCA 249; Source: Federal Court Registry

Tradewinds Properties Sdn Bhd v Zulhkiple Bin A Bakar and 2 Others

Corporate law – Fraudulent trading under section 304 of the Companies Act 1965 – Scope of section 304 of the Companies Act 1965 – What constitutes an “intent to defraud” – Standard of proof – Whether the business of the second defendant had been carried out with intent to defraud its creditors

Co ...

Date: 31 July 2018; Court: Court of Appeal; Citation: [2018] MYCA 250; Source: Federal Court Registry

INDUSTRY UPDATES

Ex-CJ speaks out against Lawyers' Tendency to seek Postponements

KUALA LUMPUR, Jun 16 (Bernama) - Former Chief Justice Tun Zaki Azmi has spoken out against the tendency by certain defence lawyers to seek postponements of cases being heard in court.

Read More

INDUSTRY UPDATES

RCI on Judicial Misconduct is what People Want - Dr Mahathir

PUTRAJAYA, Jun 5 (Bernama) - The government agreed to set up a Royal Commission of Inquiry (RCI) on judicial misconduct because this is what the people want, said Prime Minister Tun Dr Mahathir Mohamad.

Read More

INDUSTRY UPDATES

Complaints via Whatsapp: RTD issues More than 200 Notices

KUALA LUMPUR, June 3 (Bernama) - More than 200 notices have been issued by the Road Transport Department (RTD) as result of consumer complaints via the Whatsapp application during the three days enforcement operation, in conjunction with Adilfitri, which began on May 29.

Read More

INDUSTRY UPDATES

Online Trader benefits from Industrial Revolution 4.0

KOTA BHARU, Jun 2 (Bernama) - The Industry Revolution 4.0, which is occurring all over the world, has given huge benefit to online traders in marketing their products to consumers.

Read More

INDUSTRY UPDATES

Mohd Roze Shaari is New Intelligence/Operations Deputy Director

KUALA LUMPUR, June 1 (Bernama) - Bukit Aman's Criminal Investigation Department (CID) has a new Intelligence/Operations deputy director.

Read More

INDUSTRY UPDATES

Give Mandatory Counselling, Community Service Sessions to Road Bullies - MCPF

KUALA LUMPUR, May 31 (Bernama) - The Malaysian Crime Prevention Foundation (MCPF) has suggested that compulsory counselling and community service sessions be meted out to individuals detained for dangerous driving and road rage.

Read More

INDUSTRY UPDATES

Samirah allowed to be released on RM500,000 Bail pending Trial

PUTRAJAYA, May 28 (Bernama) - The Federal Court today allowed Samirah Muzaffar, the wife of the late Cradle Fund chief executive officer Nazrin Hassan to be released on bail of RM500,000 with two sureties pending her murder trial.

Read More

INDUSTRY UPDATES

Adib Inquest: Lawyer withdraws

SHAH ALAM, May 27 (Bernama) - The lawyer who represented the Housing and Local Government Ministry, Fire and Rescue Department and family of firefighter Muhammad Adib Mohd Kassim in the inquest into the latter's death withdrew from the case today.

Read More

INDUSTRY UPDATES

Sabah Syariah Court Complex 45 percent completed, ready by May 2020

KOTA KINABALU, May 27 (Bernama) - The new Kota Kinabalu Syariah Court Complex is 45 percent completed and is expected to be fully operational by May 2020, said Deputy Secretary-General (Senior) in the Prime Minister’s Department, Datuk Hasnol Zam Zam Ahmad.

Read More

INDUSTRY UPDATES

18 Items listed under Festive Season Price Control Scheme for Aidilfitri, Gawai

KUCHING, May 22 (Bernama) - The Ministry of Domestic Trade and Consumer Affairs has listed 18 items under the Festive Season Price Control Scheme (FSPCS) in conjunction with Aidilfitri and 14 items for Gawai Dayak which will be celebrated in June.

Read More

INDUSTRY UPDATES

Phone Call not from Officer or Staff of Penang Courts - Chief Registrar's Office

PUTRAJAYA, May 21 (Bernama) - The Federal Court Chief Registrar’s Office (PKPMP) has denied an individual’s claim about receiving a phone call from an officer or employee of the Penang courts.

Read More

INDUSTRY UPDATES

No Freeze in Intake of Foreign Workers - Ministry

KUALA LUMPUR, May 18 (Bernama) - The Human Resources Ministry has clarified that there is no freeze in the recruitment of foreign workers although many applications to bring in workers have been rejected for non-compliance with the law.

Read More

INDUSTRY UPDATES

Actions against those who tarnish Judiciary's Image, Dignity, says CJ

PUTRAJAYA, May 17 (Bernama) - Actions will be taken against those who tarnish the judiciary's image and dignity, says Chief Justice Datuk Tengku Maimun Tuan Mat.

Read More

INDUSTRY UPDATES

Right Decisions only Way for Judiciary to recover Glory - Attorney General

PUTRAJAYA, May 17 (Bernama) - Attorney-General Tommy Thomas says judges must always endeavour to make the right decisions, without fear or favour, and regardless of the personality of the party or the accused before them.

Read More

INDUSTRY UPDATES

Transport Ministry makes it More Flexible for e-hailing Drivers to obtain PSV Licence

KUALA LUMPUR, May 17 (Bernama) - The Ministry of Transport is willing to make it easier for e-hailing drivers to clock in the six hours of course time to obtain a Public Transport Vehicle (PSV) licence.

Read More