In the corporate world, decisions are generally made according to the will of the majority. But what happens when that majority misuses its power to the detriment of minority shareholders? In Malaysia, the law provides a safeguard. Section 346 of the Companies Act 2016 allows minority shareholders to seek court intervention if the company’s affairs…
In Malaysia, probationary periods are a standard practice in employment, serving as a trial phase for employers to evaluate new hires before offering permanent positions. This period is critical for assessing skills, behavior, and organizational fit. However, misunderstandings about probationers’ rights and employers’ obligations often arise. This comprehensive guide explores five key aspects of probationary…
Divorce is never easy, especially when only one party wants it. In a single-sided divorce, also called contested divorce, the issues of financial support often become complicated. If you’re going through this, understanding your rights is crucial. Maintenance Claims: What You’re Entitled To As part of the divorce, one spouse may be required to pay…
Q: What is Land Title Conversion? A: In Sarawak, land titles are categorized by their use such as agriculture, commercial, or residential. If you want to change how you use your land (like converting agricultural land into a residential lot for development), you must apply for a land title conversion. This change allows you to…
https://www.malaymail.com/news/malaysia/2021/11/11/ministry-to-help-women-seeking-divorce-under-native-courts-says-sarawak-min/2020049 Divorce can be a daunting experience, especially when there are complexities of the legal system. For those residing in Sarawak, it is important to know that there are options available for seeking divorce under Native Courts. Let’s consider a scenario for someone seeking divorce in Native Court; A couple, both of whom belong to…
Articles 1.1, 1.2 & 2 of the Convention on Limitation of Liability for Maritime Claims 1976 Lord Hamblen (with whom Lord Hodge, Lord Briggs, Lord Leggatt and Lord Burrows agree) held : – – Claim for the costs of discharging sound and damaged cargo, and of decontaminating the cargo, was limitable under Article 2.1(e) of…
ColRegs Rules 5, 6, 8, 9 and 34 Mrs Justice Cockerill DBE held : – – High speed causes and the positioning of the vessel was in contravention of ColRegs. – No proper lookout in contravention of ColRegs but one vessel did not cause the collision based on this breach. Factual Background – On 14.6.2019…
Antisuit injunction Whether a jurisdiction clause has been agreed or incorporated – Article 10 Rome I Regulation (Regulation (EC) No 593/2008) Plea of non est factum – whether valid Plea of uncertainty Master Richard Davison held : – – Salvage claim will be awarded when there is clear salvage of a vessel. – As a…
Article 1(4) Limitation Liability Res Judicata Mrs Justice Cockerill DBE held : – – An order cannot be challenged when it is unambiguous. – Cause of action estoppel operates when there is a lack of cause of action under Section 185 of the Merchant shipping Act 1995. – The issue estoppel only arises when the…
Express terms of contract Unilateral Power to charge Supplemental Agreement Quantum Meruit Estoppel by representation Reasonableness of Period Toll (within Section 60 of the Medway Ports Authority Act 1973 or is it a penalty? Statutory tripling Master Richard Davison held : – – Commercially viable in enforcing the period toll which is being claimed from…
