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Facts

Filed under:

Malaysia, Construction, Insolvency & Restructuring, Litigation, Gan Partnership, General contractor

Authors:

Foo Joon Liang

Location:

Malaysia

Firm:

Gan Partnership

High court grants injunction to restrain winding-up proceeding based on disputed adjudication decision

2020-03-31

Filed under:

Malaysia, Arbitration & ADR, Construction, Insolvency & Restructuring, Litigation, Gan Partnership, General contractor

Authors:

Min Lee Tan

Location:

Malaysia

Firm:

Gan Partnership

Federal Court will not condone irregularities in court orders

2019-01-29

Introduction

Typically, once an order has been drawn up and sealed, the court becomes functus officio and has no power to vary or set aside the same. However, an exception to this rule is where an order has been irregularly obtained. This exception was recently expounded on in the leading Federal Court decision of Badiaddin bin Mohd Mahidin v Arab Malaysian Finance Bhd.(1)

Filed under:

Malaysia, Insolvency & Restructuring, Litigation, Gan Partnership

Authors:

Gan Khong Aik

Location:

Malaysia

Firm:

Gan Partnership

Proper construction of Section 93(3) of Bankruptcy Act and Rule 276 of Bankruptcy Rules

2019-07-30

Introduction

The Federal Court recently addressed the proper construction of Section 93(3) of the Bankruptcy Act 1967 and Rule 276 of the Bankruptcy Rules 1967 in Ambank (M) Berhad v Lim Sue Beng.(1) In this appeal, the Federal Court was requested to decide on the following question of law:

Filed under:

Malaysia, Insolvency & Restructuring, Litigation, Gan Partnership, Due diligence

Authors:

Gan Khong Aik

Location:

Malaysia

Firm:

Gan Partnership