Yew Huoi, How & Associates | Leading Malaysia Law Firm
法律资讯
This legal update addresses the critical importance of complying with procedural requirements under Section 348 of the Companies Act 2016 in statutory derivative actions. It highlights the consequences of failing to provide mandatory notice and the necessity of naming alleged wrongdoer directors in the leave application, which could result in the Leave Order being set aside.
Illustrative Scenario X and Y own adjacent properties with a common border. X constructed buildings on his land, which encroached onto 0.28 hectares of Y’s
Illustrative Scenario X accompanied his friend, SP4, to the IPK Melaka in connection with an investigation involving a fight with a Police Officer. While waiting,
Illustrative Scenario In this scenario, the property in question was registered under the name of X (the “deceased”). Y alleged that X owed him a
Illustrative Scenario X and Y are siblings. In 1980, their father started a sundry shop business and used the earnings to purchase a piece of
Illustrative Scenario X was caught with two slabs of plant material in his sling bag, which was later identified as cannabis. X’s defense was that
In the hospitality industry, the duty of care owed by hotels to their guests is paramount. This legal update explores a scenario where a hotel’s failure to safeguard access to guest rooms leads to tragic consequences. It examines the potential negligence claim against a hotel employee and the broader implications of vicarious liability for the hotel and its owners. Drawing on relevant case law, we delve into the essential elements of negligence and the circumstances under which a hotel can be held responsible for the actions of its staff.
Many people have this false conception that all assets of the husband including EPF, shares and monies will be divided equally when there is a divorce.
What is the law that governs division of matrimonial assets in Malaysia?
In the realm of Malaysian property transactions, the intricacies of Sale and Purchase Agreements (SPAs) and the enforcement of Liquidated Ascertained Damages (LAD) play pivotal roles in safeguarding the interests of both developers and purchasers. This article delves into the legal framework governing the rights and obligations of parties involved in property transactions, particularly focusing on the consequences of contractual breaches and the conditions under which a purchaser can exercise the right to offset against LAD. Through the examination of relevant case law and statutory provisions, we illuminate the legal pathways available for resolving disputes arising from the failure to adhere to the terms of SPAs, thereby offering insights into the equitable administration of justice in the context of Malaysian property law.
In cases of compulsory winding up, the court would appoint a liquidator under s.478 of the Companies Act 2016 (“CA 2016”) to expeditiously recover and realise the assets of the wound-up company for the distribution of dividends to creditors and administer any outstanding matters involving………..
This update scrutinizes the constitutionality of Section 61A of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007, focusing on whether Parliament violated the separation of powers by defining prima facie evidence, and the judiciary’s role in upholding constitutional integrity.
This update examines the contractual obligations of initiating a performance review before terminating an agreement. It highlights the importance of following procedural steps and providing specific reasons for termination, as illustrated in the case of X and Y.
ZH 
EN 
MY