An injunction is a court order that either prohibits a party from doing a specific act (prohibitory injunction) or requires a party to perform a specific act (mandatory injunction). Injunctions are discretionary remedies granted to prevent irreparable harm or injustice. Here are the types of injunctions that may be granted by the court: 1. Prohibitory…
What are the fiduciary duties of directors in Malaysia? The fiduciary duties of directors in Malaysia include: What constitutes a breach of fiduciary duties by directors in Malaysia? A breach of fiduciary duties occurs when directors fail to adhere to their obligations. Examples include: What remedies are available to aggrieved parties in the event of…
What is a Writ of Distress in Malaysia? A Writ of Distress is a legal remedy available to landlords in Malaysia to recover unpaid rent from a tenant by seizing and selling the tenant’s goods and assets located on the tenanted property. This procedure allows landlords to enforce the payment of overdue rent without terminating…
What are winding-up proceedings? Winding-up proceedings are a legal process through which a company’s existence is brought to an end. The company’s assets are collected and sold, and the proceeds are used to pay off its debts. Any remaining funds are distributed among the shareholders. Winding-up can be either voluntary (initiated by the company) or…
What are liquidated ascertained damages (LAD) in the context of property development in Malaysia? In the context of property development, LAD refers to the pre-determined compensation agreed upon in a sale and purchase agreement (SPA) that the developer must pay to the purchaser if there is a delay in delivering vacant possession of the property….
What is constructive dismissal in Malaysia? Constructive dismissal occurs when an employee resigns due to the employer’s conduct, which effectively forces the employee to leave. This could be due to significant changes in employment terms, unfair treatment, harassment, or a hostile work environment. The resignation is treated as an involuntary termination by the employer. What…
What is the Construction Industry Payment and Adjudication Act (CIPAA)? The Construction Industry Payment and Adjudication Act 2012 (CIPAA) is a Malaysian law designed to provide a fast and cost-effective dispute resolution mechanism for construction-related payment disputes. It aims to ensure that contractors, subcontractors, consultants, and suppliers are paid promptly for their work and services…
What are the legal frameworks governing child adoption in Malaysia? In Malaysia, child adoption is governed by two primary legal frameworks: The Adoption Act 1952: The Adoption Act is applicable to non-Muslims in Peninsular Malaysia only. This act outlines the procedures and requirements for legal adoption by way of a court order. Who is eligible…
What are garnishee proceedings? Garnishee proceedings are a legal process by which a creditor (the judgment creditor) can enforce a judgment by obtaining a court order to seize money or assets owed to the debtor (the judgment debtor) by a third party (the garnishee). This is typically used to intercept funds in bank accounts or…
What is probate and why is it necessary? Probate is a legal process that confirms the validity of a deceased person’s will and grants the executor the authority to administer the deceased’s estate according to the terms of the will. It is necessary to ensure that the estate is distributed legally and according to the…