Case Update: Federal Court Decides on Threshold for Winding Up Based on Illegality

In Tan Keen Keong @ Tan Kean Keong v Tan Eng Hong Paper & Stationery Sdn Bhd & Ors and other appeals [2020] MLJU 2204 (grounds of judgment dated 17 December 2020), the Federal Court dealt with an important question of law for a just and equitable winding up.

What is the threshold for winding up a company based on allegations of illegality or breach of statute? Continue reading

Case Update: Factors for Deciding Between Competing Liquidator Nominees

The High Court in Re Rentak Arena Development Sdn Bhd (In Liquidation); Ex Parte Spanland Sdn Bhd and Another Case [2020] MLJU 2133 (see the grounds of judgment dated 18 November 2020)  provided useful guidance on factors considered when there are competing nominees to be appointed as liquidator of a company.

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Case Update: High Court Distinguishes Between Personal Wrong and Corporate Wrong in Shareholder Oppression

Joyce Lim writes a case update on this High Court decision on the importance between a personal wrong and a corporate wrong in a shareholder oppression action.

The High Court in the recent case of Dato’ Shabaruddin Bin Ibrahim v Dato’ Ruslan Bin Ali Omar & Ors [2020] MLJU 1744 (with grounds of judgment dated 26 October 2020) (Shabaruddin) dealt with the distinction between a personal wrong committed against shareholders of a company and a corporate wrong committed against the company. Continue reading

Malaysia’s Winding Up Moratorium Ends

In summary, Malaysia’s winding up moratorium period came to an end on 31 December 2020. However, the RM50,000 minimum threshold is now maintained up to 31 March 2021. Continue reading

Top 5 Articles on The Malaysian Lawyer in 2020

We end the year by looking back at the most-read articles on The Malaysian Lawyer in the year 2020. Thank you to the readers for all the support and for dropping by this site of ours.

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Featured below are our five most-read articles in 2020. Perhaps consistent with the challenging times of 2020, four out of the five articles deal with some form of closing down or retrenchment   Continue reading

Top 5 Restructuring & Insolvency Cases in Malaysia for 2020

We continue the Top 5 cases series with the top five restructuring & insolvency cases in Malaysia for the year 2020. You can also read the 2019 edition. This year’s cases range from restraining orders, judicial management and voluntary arrangement in bankruptcy. Continue reading