Malaysia Chapter: INSOL-World Bank Group Global Guide Covid-19

The INSOL-World Bank Group has updated its Global Guide on measures adopted to support distressed businesses through the Covid-19 crisis. The publication is now updated to the changes as at April 2021. I had earlier posted up the earlier edition of the guide as at April 2020.

The Global Guide covers 80 countries, and how each country had tackled the Covid-19 crisis through governmental, regulatory and legal relief measures.

Nathalie Ker and I contributed the Malaysia chapter for the INSOL-World Bank Global Guide.

In comparison with global trends, Malaysia has not been quick enough to update laws to provide the full range of reliefs for distressed businesses.

 

Case Update: Shareholder Oppression Relief Does Not Extend to Trademark Claims

The High Court in Chuah Seong Keat and 3 others v Din Tan Yong Chia and 21 others, or otherwise referred to as the Thai Odyssey case, allowed the striking out of certain reliefs from a shareholder oppression action. The Court found that those reliefs were claims under trademarks and domain name and fell outside the oppression relief. You can access the full Grounds of Judgment dated 12 May 2021.
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Case Update: Bank Negara’s Small Debt Resolution Scheme Does Not Have Mandatory Moratorium

In the High Court decision of Bank Muamalat Malaysia Berhad v Prolink Marketing Sdn Bhd & 2 others [2019] 1 LNS 702, the Court held that Bank Negara’s Small Debt Resolution Scheme (SDRS) merely provided advice to a bank to observe a standstill in legal proceedings against distressed borrowers. It was not mandatory for the bank to halt legal proceedings.

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Case Update: Scheme of Arrangement Principles for Proof of Debt and Leave to Proceed against Restraining Order

The High Court in the decision of Top Builders Capital Berhad and two others (grounds of judgment dated 30 April 2021) set out certain important principles on scheme of arrangement law. The decision dived deep into issues on assessing the proof of debt for the creditors’ vote in a scheme and how to obtain leave to proceed against a restraining order.

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20 Essential Tips for Legal Job Applications

I set out 20 tips for legal job applications. This article covers the start of the job application process with the submission of the cover email/letter and the CV.

Seize this chance to impress and to secure an interview. I see many common mistakes so I wanted to highlight some of them.

I set out these tips largely targeted at applications for internship, paralegal or pupillage. These are my personal observations and different employers will have different requirements. But some of the tips below are universal. Continue reading

The Rise and Fall and Rise of Heritage Law Firms – Lessons from Rodyk: 150 Years

 

I am in the midst of reading books relating to law firms. I am now re-reading the book Rodyk: 150 Years, published in 2011. An excellent read.

The book documents the 150-year history of the Singapore heritage law firm, Rodyk & Davidson. The firm lost some of its lustre and then entered a historic merger with HelenYeo & Partners, a mere 10-year old law firm. It was a merger of equals and transformed the firm.

In a series of posts, I will feature some of the extracts from the book of Rodyk: 150 years. I weigh in with lessons for law firms, professional practices and for businesses. 

I start with the book’s introduction penned by Chan Sek Keong, who was then the Chief Justice of Singapore. It was also published in the Singapore Business Times.

 

LAW firms with a long historical lineage during the period of colonial rule in Singapore are a rarity. Singapore became a British territory in 1824, and English law was introduced into the colony in 1826 through the Second Charter of Justice. From 1826 to 1963, Singapore was the legal capital of the Straits Settlements in terms of the volume and quality of legal work and disputes. Many law firms were born and died. Many ceased to exist because of the Japanese Occupation in 1942 and were never revived after the British returned. Many others did not survive their founding partners, who did not care to let their names continue as brand names for the sake of their partners. Continue reading