COMPANIES ACT 2016 – DIRECTOR’S RIGHT TO INSPECT RECORDS AND DOCUMENTS OF A COMPANY
A, a director and shareholder of the company, was denied access to inspect the company’s records. Although not involved in daily operations, A wants to determine the value of his shares for a separate lawsuit.
Can he file an application for inspection and appoint lawyers and auditors to do it on his behalf?
TORT LAW- DEFAMATION- FAIR COMMENT
Upon viewing a report, Mr. A (a politician) had made a statement about Mr. C that he had used the public funds for a national cattle farming project to purchase three units of houses. Mr. C sued Mr. A on the basis that the defamatory statement made had tarnished his reputation and character. Can Mr. C sue Mr. A on the grounds of defamation?
Q: What is defamation?
A: Defamation is a statement made by a person that tarnishes a person’s reputation. It can be made in writing (considered “libel”) or orally (considered “slander”).
Q: Must Mr. C incur financial losses before he can sue Mr. A?
A: No, he can sue for damages as long as his reputation is tarnished.
Q: Is there any defence to an action for defamation?
A: If Mr. A has genuinely given a view on a fact proven to be true, he can then raise the defence to his statement made, that is, he has only made a “fair comment” rather than a defamatory statement.
Q: What is a “fair comment”?
A: A “fair comment” is a comment given based on proven fact.
Three elements of a “fair comment”:
Q: Is there a cap to compensation on defamation?
A: There is no known cap. The court will look at the facts and the following factors to decide how much the compensation would be:
Q: How long is the limitation period to file a claim for defamation?
A: For West Malaysia, the limitation period is 6 years from the date the defendant published the defamatory statement.
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COMPANIES ACT 2016 – DIRECTOR’S RIGHT TO INSPECT RECORDS AND DOCUMENTS OF A COMPANY
A, a director and shareholder of the company, was denied access to inspect the company’s records. Although not involved in daily operations, A wants to determine the value of his shares for a separate lawsuit.
Can he file an application for inspection and appoint lawyers and auditors to do it on his behalf?
BREACH OF CONTRACT, EQUITY AND FIDUCIARY DUTY – DISCLOSURE OF CONFIDENTIAL INFORMATION
Often business owners find themselves vulnerable when dealing with employees who had turned rogue and took confidential information from the company. What are the legal protection against these employees?
FAMILY LAW – BEHAVIOUR CANNOT BE EXPECTED TO LIVE TOGETHER
Divorce can be petitioned on the ground marriage has irretrievably broken down. In deciding whether there is breakdown, the court will consider issues such as adultery, behaviour of the parties, desertion and living apart for more than 2 years.
CONTRACT LAW – IMPLIED TERMS
I have a sale contract which does not set out terms which should have been there in the first place. For example, it is a contract to purchase electrical items. There is no term that says the electrical items should be in working condition.
What can I do?
COMPANY LAW – FRAUD BY DIRECTORS
Can I sue the directors personally for fraud?
PROPERTY LAW – CO-PROPRIETORSHIP – TERMINATION
This legal updates will set out whether there is a need for co-proprietor to first show there is a request for land to be partitioned before applying to court for termination of co-proprietorship for land to be sold.