Insights
Case Commentary : Tob Chee Hoong v Tob Chee Choong & Ors
The Plaintiff commenced the originating summons against the 1st to 3rd Defendants on the allegation of minority oppression under Section 181 of the Companies Act 1965 (“CA 1965”).
Case Commentary : NFC Labuan Shipleasing v Semua Chemical Shipping
Following the presentation of the Winding-Up Petition, the Respondent filed an application to, among others, stay the winding-up proceedings pending arbitration pursuant to Section 10 of the Arbitration Act 2005 (“AA 2005”).
Case Commentary : Jan De Nul v Vincent Tan
The factual matrix of the case revolve around a land reclamation project situated in Johor Bahru. Central Malaysian Properties Sdn Bhd (CMP) as the developer of the project and a company controlled by Vincent Tan Chee Yioun (VT), had appointed Jan De Nul (JDL), a specialist in land reclamation whose ultimate holding company, Jan De Nu Group that is based in Luxemborg, as contractors.
Case Commentary : Chiropractic Specialty Centre v Orthorelief
Orthorelief & Care Sdn Bhd (Orthorelief) entered into a Franchise agreement together with Chiropractic Specialty Centre Sdn Bhd (CSC) where after Orthorelief purchased several machines from CSC based on the representations made by CSC’s director, Dr. Yama Zafer.
Case Summary : Asean Bintulu Fertilizer Sdn Bhd v Wekajaya Sdn Bhd
The parties, ABF (Employer) & WSB (Contractor) were involved in a construction contract to expand ABF’s bulk area storage capacity in Bintulu. ABF brought an action against WSB in arbitration for not finishing work on time.
Case Commentary : Bertam Development Sdn Bhd v R&C Cergas Teguh Sdn Bhd
R&C Cergas commenced adjudication against Bertam for amongst others, payment based on interim certificates and additional variation works. The Adjudicator found in favour of R&C Cergas and determined that Bertaim is liable to pay R&C Cergas a sum of RM 4.6mil (including variation claims. The Learned High Court Judge upheld the Adjudicator’s Decision.
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