Order 22A rule 3 of the ROC provides for interim payment in respect of damages. The High Court in its recent decision of Tiew Sai Hong v Pantai Medical Centre Sdn Bhd & 2 Ors allowed interim payment of part of the outstanding medical bills owed by the Plaintiff. The High Court dissected Order 22A rule 3(1)(c) of the ROC where interim payment was allowed as the Court was of the opinion that the 1st Defendant would obtain judgment for substantial damages against the Plaintiff if the counterclaim proceeds to trial. … More Interim Payment under Order 22A of the ROC

This article dissects two recent High Court decisions, which shed light on whether a Fortuna injunction can be granted pending the registration or enforcement of an arbitral award and an adjudication award. … More Winding Up Based on an Arbitral Award vs an Adjudication Award

I previously wrote on recent issues relating to removal of directors of a private company. Unlike removal of directors which is expressly provided for under the Companies Act 2016 (“CA”), the CA is silent on suspension of directors. Is a company then allowed in law, to suspend its directors? Can a company argue that it has an implied power under the CA to suspend its directors?

In this article, I will cover two recent High Court decisions which held that a company is not allowed to suspend its directors and there is no implied power to do so. … More Is a Company Allowed to Suspend Its Directors?

This article covers two recent issues relating to removal of directors of a private company.

First, can a private company rely on its constitution instead of the Companies Act to remove its directors?

Second, can a private company, by way of its constitution, exclude the statutory right to remove its director?

Have a read to find out. … More Removal of Directors: Recent Issues

The Court of Appeal in Alliance Connext Sdn Bhd v Wangsa Budimas Sdn Bhd [2022] 1 CLJ 173 held that it is not mandatory for a person appearing for and on behalf of a company as its witness to be its current officers or expressly authorised by an officer of the company. It is also not a requirement under the law for an authorisation letter or a resolution from the company to be produced for such witness to testify on behalf of the company. … More Testifying on Behalf of a Company: No Express Authorisation Required

In early October, the Federal Court solved the battle of the biscuits by ruling that the Huasin Food Industries Sdn Bhd LEX biscuits have infringed the trademark held by Munchy Food Industries Sdn Bhd for its LEXUS biscuits. The court was set aside the earlier decision of the Court of Appeal and reinstated that of the High Court.

This case update will provide an overview of the Federal Court decision of Munchy Food Industries Sdn Bhd v Huasin Food Industries Sdn Bhd [2018] MLJU 407 regarding trade mark infringement. … More Battle of the Biscuits – Trade Mark Infringement Dispute

In this article, I dissect the High Court case of Lineclear Motion Pictures Sdn Bhd v Measat Broadcast Network Systems Sdn Bhd, where Liza Chan JC granted a stay of all proceedings pending reference to arbitration with the condition that the First Defendant is barred from raising the defence of limitation in the arbitration proceedings. … More Conditional Stay Pending Arbitration: Barred from Raising the Defence of Limitation