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

5 Things Companies Need to Know About the Amendments to Occupational Safety Laws

Kwan Will Sen and Muayyad bin Khairulmaini write about the amendments to the Occupational Safety and Health Act.

The Occupational Safety and Health (Amendment) Bill 2020 (“OSHA Bill”) was tabled for the first reading in Parliament by the Minister of Human Resources, YB Datuk Seri Saravanan A/L Murugan on 2 November 2020. Once passed, the OSHA Bill will introduce significant amendments to the Occupational Safety and Health Act 1994 (“Act” or “OSHA 1994”).

With discussions on reform to Malaysian Occupational Health and Safety laws being mooted as early as 2018, the OSHA Bill 2020 touches on several key areas with a goal to facilitate the provision of a safe working environment for all employees nationwide.

We touch on five key amendments introduced in the OSHA Bill below. In particular, directors of companies must be aware of the risk of their personal liability and the risk of being jointly charged for occupational health violations. Continue reading

Case Update: The Interim Judicial Manager to Protect Assets in Jeopardy

Lee Shih and Huey Lynn write about the Singapore decision on the appointment of interim judicial managers.

The Singapore High Court in Re KS Energy Ltd and another matter [2020] SGHC 198 granted an order for the appointment of interim judicial managers (IJM) over two companies upon the application by a creditor.

This decision is useful in setting out the principles for the appointment of interim judicial managers. This decision is also persuasive for Malaysian law as Malaysia’s judicial management provisions are modelled after Singapore. Continue reading

Case Update: Board Meeting Notice Need Not Contain Full Details of the Business of the Meeting

Joyce Lim writes an update on a High Court decision on how the notice of a Board meeting need not contain the particulars of the business to be transacted at that meeting

The High Court in the recent case of Rozilawati binti Haji Basir v Nationwide Express Holdings Berhad & Ors [2020] MLJU 1198 (see the grounds of judgment dated 18 August 2020) dealt with two issues relating to the Board meeting requirements for companies.

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Company Law Case Update: Oppression Remedy in Quasi-Partnerships

Joyce Lim writes on a recent High Court decision on the oppression remedy in quasi-partnerships. Further, the decision confirms that oppression can arise from breaches of a shareholders’ agreement.

The High Court in the recent case of ISM Sendirian Berhad v Queensway Nominees (Asing) Sdn Bhd & Ors and other suits [2020] MLJU 388 dealt with an oppression claim by a minority shareholder in quasi-partnerships (also known as Ebrahimi-type companies).

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