Introduction In February 2020, the High Court allowed a shareholder to convene a one-member extraordinary general meeting (EGM) of a family-run company in Lee Yee Wuen v Kien Yiap Trading Sdn Bhd.(1) When applying for a court-ordered meeting, applicants must prove...
With effect from 1st June 2020, following the introduction of the new Section 17A of the Malaysian Anti-Corruption Commission Act 2009 (“MACC Act”), strict liability is imposed on a Commercial Organisation for its failures to prevent a person associated with it from...
In Siemens Industry Software GmbH & Co KG v Jacob & Toralf Consulting Sdn Bhd,(1) the appellant commenced arbitration against a group of respondents in Singapore, claiming, among other things, a sum exceeding €3 million. The arbitral tribunal dismissed the...
Pursuant to Section 17A(5) of the Malaysian Anti-Corruption Commission Act 2009 (MACC Act), the Prime Minister’s Department issued the Guidelines on Adequate Procedures to prevent persons associated with a commercial organisation from undertaking corrupt practices. To...
The enforcement of the Movement Control Order (“MCO”) from 18th March 2020 brought most construction sites to a standstill. The movement control was later relaxed. As of May 2020, most construction sites could resume work but with heightened safety and health...
In Gurbachan Singh Bagawan Sigh v Vellasamy Pennusamy appeals arose in the context of claims brought by a number of purchasers against a solicitor for breach of fiduciary duty in a solicitor-client relationship in connection with property which the solicitor had...
While companies are in the midst of restructuring business to survive in the new normal led by COVID-19 outbreak, the Malaysian Anti-Corruption Commission (“MACC”) recently announced that the implementation of Section 17A of the Malaysian Anti-Corruption Commission...
The Malaysia government, on 18 March 2020, implemented the Movement Control Order (“MCO”) to curb the spread of COVID-19. On 1 May 2020, the Conditional Movement Control Order (“CMCO”) was announced by the Prime Minister to replace the MCO since 4 May 2020 and various...
The attorney general is a public officer endowed with discretionary power under Article 145 of the Malaysian Federal Constitution to institute, conduct, or discontinue any criminal proceedings. The question arises: where a public officer’s decision is subject to...
Introduction In order to curb the spread of COVID-19, on 16 March 2020 the government announced the Movement Control Order (MCO), which took effect on 18 March 2020. During the MCO period, all government and private business premises were closed, except for those...