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  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  MLJU 407 regarding trade mark infringement. … More Battle of the Biscuits – Trade Mark Infringement Dispute
This is Part 2 of the pre-trial case management series. This part will cover the preparation of issues to be tried and agreed facts. … More Pre-Trial Case Management: Issues to be Tried and Agreed Facts (Part 2)
With the introduction of Order 34 of the Rules of Court 2012, the progress of a case is no longer left in the hands of the litigants but with the Court in the driver’s seat. Order 34 rule 2(2) of the Rules of Court 2012 provides for directions that the Court can make at a pre-trial case management, to ensure the just, expeditious and economical disposal of the proceedings. This pre-trial case management series will come in two parts. The series will cover pre-trial documents that are typically contentious. The first series will cover bundle of documents. The upcoming series will cover the agreed facts and issues to be tried. … More Pre-Trial Case Management: Bundle of Documents (Part 1)
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
The short answer is to apply for a Fortuna Injunction. The injunction restrains the creditor from presenting a winding-up petition if certain conditions are satisfied. … More What to Do When Your Company is Served with a Notice of Demand under Section 466 of the Companies Act 2016?