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12-Step Checklist for Drafting Court Papers

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This post is taken from and expanded from a note I circulated to my team. This is a 12-step checklist I impose on my lawyers whenever they draft their court papers.

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#1. Sample Precedent from the Firm / Colleagues

As a starting point, we may ask for a sample precedent from colleagues. That’s fine as an initial step but we must adopt all the other following steps.

#2. Read Atkin’s Forms and Bullen & Leake

Compare with the English Atkin’s Forms. The English civil procedure rules changed significantly post 1999 so if the application is  based on civil procedure rules rather than a specific area of the law, go and look back at the older version of Atkin’s. Also read the English Bullen & Leake & Jacob’s Precedent of Pleadings. Both Atkin’s and Bullen will have useful comments and notes, and references to cases.

#3. Read Malaysia Atkin’s Forms and Bullen & Leake Malaysia

Then read the Atkin’s Court Forms Malaysia and Bullen & Leake & Jacob’s Malaysian Precedents of Pleadings. Continue reading →

Speaking at the Forensic & Fraud Investigation Conference 2018

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On 16 January 2018, I will be speaking at the Forensic & Fraud Investigation Conference 2018 organised by the Malaysian Institute of Accountants. I am looking forward to being able to share from a lot of practical case studies and from the cases I have been involved in. Fraud cases, internal investigations and asset recovery also make up a significant part of my practice.

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10 Tips for More Effective Written Submissions

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An important skill for an advocate is to draft effective and persuasive written submissions. The written submissions will condense the essential facts and the legal arguments you will be advancing in a case.

This post is based on a note I circulated to my own team members. They contain my thoughts on what I feel make effective submissions. Some of the elements below may be a matter of personal or team style. Don’t take any of the suggestions below as the only way of crafting your submissions. See what may work for you, and adapt it to your style or your firm’s style. Continue reading →

Case Update: Shareholders’ Oppression Action Extends to Group of Companies

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The Malaysian High Court in Tob Chee Hoong v Tob Chee Choong & Ors [2017] MLJU 1303 has confirmed that the shareholders’ oppression remedy (section 181 of the Companies Act 1965, and section 346 of the Companies Act 2016) would extend to both the holding company and the subsidiary company.

An aggrieved shareholder may be a member of only the holding company but the oppressive conduct may only be at the subsidiary level. In line with other jurisdictions, this High Court decision confirms that the aggrieved shareholder can still seek relief. Continue reading →

Case Update: Winding Up Petition Cannot be Stayed Pending Reference to Arbitration

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In an earlier article ‘Arbitration and Liquidation: Never the Twain Shall Meet?‘, I had examined the possible tension between the contractual bargain to arbitration and the statutory right to bring winding up proceedings based on a debt. Would an arbitration agreement trump the statutory winding up process?

The recent High Court decision in NFC Labuan Shipleasing I Ltd v Semua Chemical Shipping Sdn Bhd [2017] MLJU 900; [2017] 1 LNS 943 found that there cannot be a stay under the Arbitration Act 2005 (AA 2005) of a winding up petition. A winding up petition is not a claim for payment. It is a class action in the public interest as part of a statutory regime. Therefore, it was held that a winding up petition is not a ‘proceeding’ that is susceptible to a stay pending arbitration. Further, a winding up petition does not concern a matter that is subject to an arbitration agreement. Continue reading →

INSOL International’s Kuala Lumpur Seminar – 28 November 2017

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INSOL International is the International Association of Restructuring, Insolvency & Bankruptcy Professionals. It is a world-wide federation of national associations for accountants and lawyers who specialise in turnaround and insolvency.

INSOL International will be holding its first-ever event in Malaysia with its Kuala Lumpur One Day Seminar on 28 November 2017 at the KL Hilton.

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