These issues relate to the interpretation of section 75 of the Contracts Act 1950, whether there is a need to prove actual loss, and whether there has been an alignment of Malaysia law with the UK Supreme Court position in Cavendish.
This Federal Court decision significantly clarifies the previous position under Selva Kumar.Continue reading →
Wide Definition of Eating Place: No Smoking Three Metres from Any Such Area
The term “eating place” is widely defined. It means any premises whether inside or outside building, where food is prepared, served or sold and includes (which means the following are not the only situations that apply): Continue reading →
For those involved in the restructuring and insolvency field, I thought it would be useful to set out all the relevant provisions, subsidiary legislation and documents for the corporate rescue mechanism in Malaysia. Corporate rescue under the Companies Act 2016 is corporate voluntary arrangement and judicial management.
The Court of Appeal issued its grounds of judgment dated 19 September 2018 in the case of Mak Siew Wei v Yeoh Eng Kong and other appeals. The Court of Appeal took the unusual step of issuing a post-script to remind counsel of the need for well-researched briefs and advocacy. The Court reminded us that it is a cornerstone of the administration of justice. In our adversarial system, the Courts would rely significantly on the arguments of counsel and on the truth of the legal arguments.
The Court of Appeal decision in Hong Leong Bank Berhad v Ong Moon Huat  1 LNS 1612 has clarified two important points under the new Insolvency Act 1967 on bankruptcy actions against guarantors.
The first issue is to clarify the protection for guarantors where all modes of execution and enforcement must be first exhausted against the principal debtor alone. The second issue is that when seeking leave to proceed against the guarantor, the judgment creditor can apply for leave to proceed either upon the issuance of the bankruptcy notice or even prior to that, up to and immediately prior to the filing of a creditor’s petition. Continue reading →