Monday, 17 December 2012

Malaysia-Invitation to Malaysian Bar Council and ClJ January Seminar

Date: 13 December 2012 11:20
Subject: Invitation to Malaysian Bar Council and ClJ January Seminar
To:


Malaysian Bar and CLJ Seminar
<<<<<<<<<<<<<<<<<<<<<<<<<31st January 2013>>>>>>>>>>>>>>>>>>>>>>>>>>>>
Conveyancing Practice: Updates & Developments
(6 CPD Points)
[Bar Council Malaysia CPD Code: 31012013/CCPCLJ/KL7687/6
Venue :
Sunway Putra Hotel, Kuala Lumpur (Formerly The Legend Hotel)
Time :
8.30 am –4.30 pm
Topics :
  • Strata titles – Latest development & issues – Andrew Wong
  • Critical Procedural Aspects on Land Dealings - Jeremiah Gurusamy  
  • Fraud in Land Dealings - Joshua Kevin
Speakers :
Andrew Wong
Jeremiah Gurusamy
Joshua Kevin
Price :
RM 890 (Early Bird Price before 18th January 2012)
***************COMPLIMENTARY <TOWN AND COUNTRY PLANNING> BOOK WORTH RM169***********


EMAIL ENQUIRIES TO : mandy.lim@cljlaw.com
Best regards,
Mandy Lim
Sales Account Manager
The Malaysian Current Law Journal Sdn Bhd
E1-2(2nd Floor), Jalan Selaman ½, Dataran Palma,
6800 Ampang, Selangor Darul Ehsan,Malaysia
012-6963379



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This email is a copyright of MCLJ SDN BHD and may contain confidential information. If you are not the addressed recipient please delete all copies of this email and notify MCLJ SDN BHD. For full disclaimer please contact disclaimer@cljlaw.com



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Malaysia-Talk on : "Perbezaan Konsep dan Cara Sebatan Mengikut Perspektif Perundangan Syariah dan Sivil Di Malaysia"

Talk on : "Perbezaan Konsep dan Cara Sebatan Mengikut Perspektif Perundangan Syariah dan Sivil Di Malaysia"
To:


SBC/CIR/124/12
17th December, 2012



Dear Members and Chambering Pupils,














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Malaysia-An Overview of Islamic Finance (20 Dec 2012)

UPDATE: An Overview of Islamic Finance (20 Dec 2012)






Please note that due to unforeseen circumstances, there have been changes to the topic and the speaker for this event.  We regret any inconvenience caused.





This circular may also be accessed here.





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Malaysia-Seminar: Conveyancing Practice - Updates & Developments

Subject: Seminar: Conveyancing Practice - Updates & Developments
To:


CONVEYANCING PRACTICE : UPDATES & DEVELOPMENTS
Date : 31 January 2013 (Thursday)
Time : 9am – 4:30pm
Venue : Sunway Putra Hotel, Kuala Lumpur (formerly Legend Hotel)
 **FREE a copy of Malaysian Town and Country Planning Law Procedure (worth RM169)

 ** Malaysian Bar Council 6 CPD Points**

CPD Code : 31012013/CCPCLJ/KL7687/6

*This seminar is organised by The Malaysian Current Law Journal Sdn. Bhd. in collaboration with Bar Council Malaysia.

Speakers:

  1. Mr. Andrew Wong (Andrew Wong & Co.)
  2. Mr. Jeremiah Gurusamy (Arianti Dipendra Jeremiah)
  3. Mr. Joshua Kevin (Kevin & Co.)
Topics:
  1. Strata titles – Latest development & issues – Andrew Wong
  2. Critical Procedural Aspects on Land Dealings - Jeremiah Gurusamy
  3. Fraud in Land Dealings - Joshua Kevin

Fees :
Normal Price RM1,050
Early Bird Price RM890 (before 18 January 2013)



For more information on the seminar, please contact me-VIMALA via [phone:03-42705400/ 010-3636471] [email:vimala@cljlaw.com] [fax:03-42705402/01}

Thank you and have a nice day.



Regards,

Vimala
Sales Executive
Malaysian Current Law Journal Sdn Bhd (51143M)

E1-2 Jalan Selaman, 1/2 Dataran Palma,
68000 Selangor Darul Ehsan,Malaysia.

Tel: 03-42705400   |   Fax: 03-42705401/2
Email: vimala@cljlaw.com

MALAYSIA-WINDING-UP-EFFECT OF A STAY ORDER / WHEN DOES IT TAKE EFFECT?


In the case of The Ayer Molek Rubber Company Berhad v Bintang-bintang Sdn Bhd & Ors [2012] MLJU 1002, it was held that:-

"... Decision
[Effect of stay order]
The Court of Appeal in American International Assurance Bhd v Coordinated Services L Design Sdn Bhd, supra has succinctly pronounced the principles on stay order. The court has no power to set aside, discharge or rescind a winding-up order but only to stay the winding-up order altogether or for a limited period upon such terms as the court deems fit. Once made, a winding-up order cannot be set aside, discharged or rescinded. The only remedy available is for a stay of proceedings (see Re Baxters Limited [1898] WN 60; Vijayalakshmi Devi d/o Nadchatiram v Jegadevan s/o Nadchatiram & Ors [1995] 1 MLJ 830 (CA); Brinds Ltd v Offshore NL (No. 2) (1985) 10 ACLR 232; and Ford, Principles of Company Law, (5th Ed), 1990, para 2207 at p 770). Under s 243(1)of the  Companies Act 1965, the court is empowered to make an order staying the proceedings either altogether or for a limited time on such terms and conditions as the court thinks fit. There is no express provision  under the Companies Act 1965  and the Companies (Winding-Up) Rules 1972 empowering the court to set aside, or discharge or rescind a winding-up order. A party may, however, appeal against the winding-up order under s 253 of the Act or apply to stay the proceedings under s 243. A stay order under s 243 of the Act takes effect from the date of pronouncement of the stay and not from the date of the winding-up order. In other words, a stay does not set aside or annul the winding-up order. The stay order only takes effect from the date of the stay order. Proceedings are not ended by a stay though nothing can be done to pursue them without further court order. In Re Kim Maxwell Ltd [1992] 1 NZLR 69 Tipping J once said that 'a permanent stay amounts in reality to a contradiction in terms: the winding up remains but is permanently stayed'. In other words, the effect of a stay order is that the winding-up process comes to an end - the whole effect of the winding-up ceases and the company can thereafter resume the conduct of its business and affairs as if no winding-up order existed.
Applying the aforesaid principles to the present case, as a consequence of the permanent stay order dated 8.8.2008 the whole effect of the winding-up ceases and the plaintiff company can thereon carry on its business activities and operations as if no winding-up order existed. How does this affect the impugned events? To answer this question, it is necessary to return to the basic principle relating to stay orders. It is this -a stay order only becomes operative from the date of the stay order. In other words, a stay order has no retrospective effect. It only takes effect from the date it was made. Accordingly, the effect of the permanent stay order is this - from 8.8.2008 onwards the plaintiff company may carry on its business and operations as if no winding-up order had been made. The operative words are 'as if no winding-up order existed. It does not mean that the winding-up order never existed or that the winding-up order has been set aside or revoked. The winding-up order is still in existence. It only became inoperative from 8.8.2008 onwards. In short, the permanent stay order relates only to events which were transacted by the plaintiff company from 8.8.2008 onwards. It does not relate back to events which took place prior to 8.8.2008.
By reason of the foregoing, the Court holds that the permanent stay order does not relate to the impugned events which transpired before 8.8.2008. Consequently, the impugned events are illegal null and void for being made after the commencement of the winding-up by the court under s 223 of the Act. It must therefore follow that the SPA and transfer of the Land to the 1st defendant is void as it was effected during the period after the presentation of the winding-up petition and after the winding-up order had been made...."

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