Law Is Our Hobby
What’s the difference? What is debate? [1] According to the Oxford English Dictionary, debate is “a formal discussion on a particular matter in a public meeting or legislative assembly, in which opposing arguments are put forward and which usually ends with a vote.” A debate is often conducted with a moderator and an audience, in addition to the debate participants. [2] Logical cRead More…
The Act in brief [1]
S33A of Insolvency Act confers the power of discharge of bankrupt to Director
General of Insolvency (DGI). The section says that as the DGI may, in his
discretion but subject to section 33B, issue a certificate discharging a
bankrupt from bankruptcy after five years of the adjudgment of bankruptcy
order. [2]
A notice of his intention to issue the certificate should be Read More…
Does the company cease operations immediately? [1]
A company can enter into liquidation procedure in two manners, by voluntary liquidation andmembers’ voluntary
winding up (Section 432(2)(a) of the Companies Act 2016);creditors’ voluntary
winding up (Section 432(2)(b) of the Companies Act
2016) compulsory liquidation (Section
464 of the Companies Act 2016). [2]
In each circumstance, Read More…
Why is it more worthwhile to sell the company as a going concern rather than selling the assets as scrap? To discuss this question,
we need to know what sale of going concern and sale of assets are as well as
how these two different with each other. Going concern is a business which is
still operating. According to the MalaRead More…
It
was my first-time visiting the Court of Appeal and I have been privileged
enough to be given this chance to visit it during the RMCO, hence, there are a
few rules we had to abide by. My first court experience was everything I
imagined and more. I witnessed first-hand how counsels present their cases
right before the judges. Moreover, I even got to assist my colleague, Miss Ng
in handing over tRead More…
Introduction to Judgment Debtor Summons A judgment debtor summon is an enforcement procedure for the
recovery or payment of money. For instance, if a defendant fails or refuses to pay a judgment sum
worth RM25000, then a judgment debtor summons will be taken out against the
defendant. The defendant will then be known as the judgment debtor who is the
person against whom the judgment or ordRead More…
What are Garnishee
Proceedings? A garnishee proceeding is
a form of judgment enforcement procedure used to pursue judgment debts, normally
when a respondent fails to comply with a monetary judgment obtained by a
claimant. The rules governing these
proceedings are provided under Order 49 of the Rules of Court 2012. The three parties generally
involved are the judgment creditor, juRead More…
Journeying Back from Pursuing an Education in the UK due
to COVID-19 – A Personal Experience Closure of the
University It is well-known that the journey of many students studying
overseas including my own was cut short due to the pandemic. My university –
The University of Sheffield had announced its closure after a report was
released stating that a faculty member of the architecture deRead More…
What Happens When You Are Arrested During The MCO For Bahasa Malaysia version please click here For Chinese version 中文版 please click here Effective from March 18, 2020, Malaysia officially implemented the Movement Control Order (the “MCO”). In general, a police officer may arrest the violators of the MCO under: 1) Obstructing Public Servant In Discharge Of His Public FunctioRead More…
故事背景 (English Version) 一间中国公司（“中方”）被一间马来西亚企业（“马方”）游说来马来西亚开拓事业。中方同意了马方的建议，于此在马来西亚成立了一家公司，同时也与马方签署了定期合约（“合约”）。中方于约同意成为马方的专属分包商。 为了履行合约条款，中方再一次与马方签Read More…
Default Clause In Instalment Payments A default clause in a contract provides that actions can be taken by the innocent (non-breaching/ defaulting) party in the event of default by the party in breach, usually the debtor. Default occurs when one party to a contract fails to perform their obligations/ duties under the contract or fulfil the contract terms, commonly known as a breRead More…
Enforcement of Judgment Sum via Writ of
Seizure & Sale Once judgment is obtained in your favour against
the Judgment Debtor, the Judgment Debtor shall obey the terms of judgment and
where debt and other costs are to be paid by the Judgment Debtor, the party
shall settle the judgment sum. Upon failure to do so, the Judgment Creditor may
file an application for writ of seizure and sale whereRead More…
Sworn
Statements A sworn statement can be described as
an oral or written assertion of fact made under oath. Such statements commonly
take the form of affidavits, statutory declarations and oral testimonies. A sworn statement, in contrast to a regular statement,
if proven to be untrue, constitutes an offence which the persoRead More…
English Version “我不还，你能怎样？告我吗？” 的确，在马来西亚，面对欠债不换的债务人唯一方法是起诉债务人。 债，对债务人及债权人都是个巨大的问题，在马来西亚也不例外。这篇文章将会证明在马来西亚，打官司是最有效的讨债方式。 马来西亚人对债的文化 在一个
Euler Hermes 的研究Read More…
Why litigate in Malaysia? 中文版 “If
I do not pay up, what can you do? Sue me?” Unfortunately, the reality in
Malaysia is that practically, the only way to deal with a defaulting debtor is
to take legal action against the debtor. Debt
is a major issue for both the debtor and creditor and this is no exception in
Malaysia. In Malaysia, it is a major hurdle to collect debts and this Read More…
诉讼是一场游戏 (Litigation is a game) 我很荣幸的在误打误撞的情况下参与打官司流程中的其中一环….而张大律师作为被告的代表律师实行着他作为律师的义务那就是保护客户的权利以及把客户的权益最大化。 法官在这严肃的气氛中侃侃而谈他对此次案件的发展，给予他宝贵的建议，用着另类的幽默缓和Read More…
The Risks of Foreign Companies Starting Business Venture in Malaysia
中文版
Background
A Chinese Company (“C”) was lured by a company that is incorporated in Malaysia(“M”) to expend his business to Malaysia. C agreed to it and hence incorporated his company in Malaysia before entering into a fixed term contract (“Contract”) with M, as the exclusive subcontractor of M.
InRead More…
“WHY SOLICITORS DO NOT GIVE LEGAL ADVICE OVER THE PHONE?” First of all, the conversation below is to illustrate this whole article on the reasons why professional workers such as solicitors do not give legal advice over the phone. PATIENT: Hello doctor. DOCTOR: Hello. How can I help you? PATIENT: I am having a headache for 3 days. DOCTOR: I see. You should consume two paRead More…
What I learned about myself during the attachment/mini-pupilage in Alex Chang & Co. It began with a seemingly normal day, when I, started my attachment/mini pupilage in a pure litigation law firm that situated around KLCC. I was early and Mr Alex Chang (“Boss”) invited me to have breakfast. Unfortunately, I had breakfast and Boss gave instructions to Danny to give me morRead More…
The First Mooting Experience “If it pleases the Court, My Lords and My Lady, …” Introduction 1 Every law student knows what mooting is all about; a practice for the law students to taste the real court before being admitted to the Bar, a chance at “real” deal. 1.1 Sadly not all law students will be given this opportunity. 1.2 For myRead More…
The Mediation Process in Malaysia A. What is Mediation? Mediation is a voluntary, solution-oriented form of alternative dispute resolution. This is where the parties to a dispute agree to resort to mediation, they may seek the assistance of an independent and impartial third party, a Mediator, who will facilitate communication and negotiation between the parties to aid them in rRead More…