Today, the Court of Appeal dismissed Scomi Group Bhd’s appeal against the High Court decision dismissing its judicial management application.
As set out earlier, the High Court had ruled on two points when dismissing the judicial management application of
Lee Shih and Marcus van Geyzel
The Malaysian Lawyer is a legal publication focused on providing updates and analysis on Malaysian law, particularly in areas such as insolvency, corporate rescue, restructuring, and cross-border legal issues. It features articles, case updates, and commentary on legislative developments like the Cross-Border Insolvency Bill and the adoption of international frameworks such as the UNCITRAL Model Law. The publication also covers emerging legal challenges including AI-driven fraud and deepfakes, offering practical insights and guidance for legal professionals. It serves as a resource for lawyers, academics, and practitioners interested in Malaysian corporate and insolvency law, as well as related regulatory and procedural matters.
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Confirmed: New Minimum Wages Order effective 1 May 2022; employers with less than 5 employees exempted
The widely-anticipated Minimum Wages Order 2022 (“the Order”) was gazetted on 27 April 2022. The Order, pursuant to section 23 of the National Wages Consultative Council Act 2011, increases the minimum wage nationwide to RM1,500 from 1 May 2022. There…
Case Update: Court Can Grant Interim Measures against Non-Parties to Arbitration
The High Court in Padda Gurtaj Singh and others v Axiata Group Berhad and others (grounds of judgment dated 29 March 2022) granted an interim measure in the form of an injunction against Axiata Group Berhad, a non-party to an…
Case Update: Liquidator Cannot Grant Sanction for Continuation of Litigation
The High Court in Small Medium Enterprise Development Bank Malaysia Berhad v Oren Venture Sdn Bhd and 3 others (grounds of judgment dated 4 March 2022) decided on the liquidator granting sanction for legal proceedings.
The crucial issue before…
Case Update: Federal Court Decides On Duty of Liquidator of a Wound-up Listed Company
Nathalie Ker writes an update on the Federal Court decision on the duties of a liquidator of a listed company.
The Federal Court has now issued its grounds of judgment (dated 31 March 2022) allowing the appeal of Bursa Malaysia…
Case Update: Further Decision That Listed Companies Cannot Apply for Judicial Management
This update is further to the earlier High Court decision in Re Scomi Group Bhd which held that public listed companies cannot apply for judicial management.
Another public listed company, Dolomite Corporation Berhad, has also failed in its judicial management application.…
Summary of new SOPs and guidelines for Malaysian workplaces from 1 April 2022
Malaysia today begins its “Transition to Endemic” phase for COVID-19. As mentioned in an earlier update (Malaysia’s updated workplace COVID SOPs from 1 April 2022: Capacity and operating hour limits abolished), there will be only one Standard Operating…
Case Update: Owner of US$4.5 Billion in Bitcoins Loses Suit against Bitcoin Developers
The English High Court in Tulip Trading Limited v Bitcoin Association for BSV and others [2022] EWHC 668 (Ch) dealt with interesting cryptocurrency legal issues. This was against a backdrop of a hack resulting in a loss of control of…
Malaysia’s updated workplace COVID SOPs from 1 April 2022: Capacity and operating hour limits abolished
Malaysia’s Prime Minister announced on 8 March 2022 that Malaysia will begin the “Transition to Endemic” phase for COVID-19 from 1 April 2022 (Click for link to announcement, in Bahasa Malaysia).
One SOP, nine guidelines
The government also…
Case Update: Justifying a retrenchment and departure from LIFO
In this Case Update series, I share summaries of recent Malaysian court decisions to explore the current approach taken by the courts when deciding on employment-related issues. You can find all the posts in the series by clicking here, including case…