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Lower threshold for staying proceedings pending appeal

September 25 2018 Following a recent Court of Appeal decision on staying proceedings pending appeal, the test as to whether a stay ought to be granted under Section 44…

Federal Court maintains wide scope of Companies Act 1965 in oppression cases

February 2 2016 Section 181 of the Companies Act 1956 provides statutory relief for an aggrieved member of a company in case of oppression. While the courts have…

Court rules that stay of proceedings is mandatory

April 18 2017 The Federal Court recently restated the Malaysian courts' position in respect of their intervention in arbitration...

Court rules on applicable test in medical negligence suits

December 5 2017 In Zulhasnimar Hasan Basri v Dr Kuppu Velumani P the Federal Court examined the following question of law: "Whether the Bolam test or the test in…

Consequential order: functus officio rule stretched for interest of justice

December 1 2020 The Federal Court recently confirmed that the court is entitled to issue a further order subsequent to its final and perfected judgments or orders…

Oppression action: court's discretion has limits

June 22 2021 Section 346 of the Companies Act 2016 provides the courts with wide powers to grant remedies as they deem necessary to bring an end to the matters…

Court rules that management corporation may sue developer for latent defects in common property

June 15 2021 When the statutory duty to "properly maintain the common property and keep it in a state of good and serviceable repair" is passed to a management…

Is my name truly mine?

June 8 2021 In a recent case concerning a popular nasyid singer and composer, the Federal Court answered the question of law of who has the locus standi to…

CIPAA: adjudicators' powers to order remedies and interest when payment clause is unenforceable

May 25 2021 A recent high court decision examined the extent of an adjudicator's powers to determine remedies and interest in unique circumstances where a payment…

CIPAA: can only advocates qualified under Sabah or Sarawak Advocates Ordinance practise in East Malaysia?

May 18 2021 The governing law of the legal profession differs in Peninsular and East Malaysia. Should a party wish to commence a court action in East Malaysia…