by Donovan & Ho | Nov 13, 2018 | Dispute Resolution
This article examines the recent Court of Appeal judgment in Obnet Sdn Bhd v Telekom Malaysia Berhad (7 September 2018, Civil Appeal No. W-02(NCC)(A)-1698-08/2017) which dealt with the issue of a party applying to the High Court for discovery, in aid of a pending...
by Donovan & Ho | Oct 21, 2018 | Dispute Resolution
“Can you prove the actual losses suffered by the company?” That was my first question to our Company-client intending to file an action for damages against their employee for breach of duties and negligence. In every claim for damages, there are always two folds to...
by Donovan & Ho | Oct 16, 2018 | Dispute Resolution, Employment Law
Section 38(1)(a) of the Insolvency Act 1967 (“Act”) prohibits a bankrupt from pursuing legal action without prior sanction from the Director General of Insolvency. One of the reasons behind this law is to help ensure that a party who wishes to commence a...
by Donovan & Ho | Oct 8, 2018 | Dispute Resolution
The strength of your case depends on what evidence you have to substantiate your claims. Discovery applications are often used by litigants to enable them to obtain documents which are relevant to their case, but are in the possession, custody or power of their...
by Donovan & Ho | Sep 28, 2018 | Dispute Resolution
When a company is served with a Notice pursuant to Section 466 of the Companies Act 2016 (the “Notice”) by a creditor without Judgment, it generally means that there exists a minimum debt of RM10,000.00 that has yet to be settled by the company to the creditor. The...
by Donovan & Ho | Aug 13, 2018 | Dispute Resolution
It is often said that no court will lend its aid to a man who files a claim based on an illegal act. Simply put, what this means is that the law will not afford relief to those who claim entitlements from an illegal act. When it comes to “illegal” contracts, the...
