Yew Huoi, How & Associates | Leading Malaysia Law Firm
News and Updates
A had mistress and a wife; both of whom had given birth to a child each. A died without a will. Can the child of the mistress be entitled to succeed and inherit A’s property under the Distribution Act 1958?
I have just discovered through a land search that my property was no longer registered in my name. What can I do?
I bought a unit of condominium from a developer. The developer was supposed to deliver separate strata title for my unit. That was not done. Years later, I discovered that the land of which the condominium was built was sold to Company Z. Can Company Z claim ownership of the condominium and later have me evicted?
There are two types of dissolution of a Company under Companies Act 2016, namely striking off and winding up. The process for striking off is fairly straightforward and cost effective where a company is highly advisable to go for this alternative if it is able to meet the requirement of striking off. On the other hand, the winding up process is lengthy and carries a relatively higher cost compared to striking off application. The company only goes to this alternative if it cannot meet the requirement to strike off.
A advanced a sum of RM350,000.00 to B as a loan. The monies were banked into B’s wife’s bank account. The friendly loan agreement was signed between A and B. Can A recover back the monies loaned from both B and B’s wife.
how foreigners can start a company in Malaysia, and the benefits of each types of business entities permit foreign-ownership.
What are the consequences if a company refused to give true and accurate information to shareholder and director? Can shareholder and director compel the company to furnish the relevant documents?
What is mandatory injunction? Under what circumstances a person can be compelled to perform certain act? What are the evidence that the rightful owner needs to show in order to claim his goods back?
ALL ADVOCATES AND SOLICITORS ARE BOUND TO RETURN THE STAKEHOLDER SUM TO CLIENTS
What happens if two agreements exist? Are they collateral to each other? What is collateral contract? What is entire agreement clause and what is its effect?
The collision between the FMG Sydney and MSC Apollo highlights the critical importance of adhering to established navigation rules. Deviations, delayed actions, and reliance on radio communications instead of clear, early maneuvers can lead to disastrous outcomes. This case serves as a stark reminder for mariners: follow the rules, act decisively, and prioritize safety above assumptions.
In a landmark admiralty decision, the High Court ordered the pendente lite sale of the arrested vessel Shi Pu 1, emphasizing the principle of preserving claim security over the defendant’s financial incapacity. The court ruled that the vessel, deemed a “wasting asset,” could not remain under arrest indefinitely without proper maintenance or security. This case reinforces the necessity for shipowners to manage arrested assets proactively to prevent significant financial and legal repercussions.
The Court of Appeal clarified the dual roles of directors as both shareholders and employees, affirming that executive directors can qualify as “workmen” under the Industrial Relations Act 1967. The decision emphasizes that removal as a director does not equate to lawful dismissal as an employee unless due process is followed. This case highlights the importance of distinguishing shareholder rights from employment protections, ensuring companies navigate such disputes with clarity and fairness.
The recent decision in Litasco SA v Der Mond Oil and Gas Africa SA [2024] 2 Lloyd’s Rep 593 highlights the strict thresholds required to invoke defences such as force majeure and trade sanctions in commercial disputes. The English Commercial Court dismissed claims of misrepresentation and found that banking restrictions and sanctions did not excuse payment obligations under the crude oil contract. This judgment reinforces the importance of precise contractual drafting and credible evidence in defending against payment claims, serving as a cautionary tale for businesses navigating international trade and legal obligations.
The Singapore Court of Appeal’s decision in Unicredit Bank AG v Glencore Singapore Pte Ltd [2024] 2 Lloyd’s Rep 624 reaffirms the principle of autonomy in letters of credit and highlights the high evidentiary threshold for invoking the fraud exception. Unicredit’s claim of deceit was dismissed as the court found no evidence of false representations by Glencore, emphasizing that banks deal with documents, not underlying transactions. This case serves as a critical reminder for international trade practitioners to prioritize clear documentation and robust due diligence to mitigate risks in financial transactions.
This legal update examines the Court of Appeal’s decision in Malayan Banking Bhd v Mohd Affandi bin Ahmad & Anor [2024] 1 MLJ 1, which reaffirmed the binding nature of valid Sale and Purchase Agreements (SPAs) and the establishment of constructive trust. The court dismissed claims of deferred indefeasibility by subsequent purchasers and a chargee bank, emphasizing the critical importance of due diligence in property transactions. The decision serves as a cautionary tale for financial institutions and vendors, reinforcing the need for meticulous compliance with legal and equitable obligations.
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