General Litigation
General litigation covers a broad range of civil disputes between individuals or businesses. It involves court proceedings, negotiation, and alternative dispute resolution mechanisms under Malaysian civil procedure.
1. Partnership & Shareholder Disputes
These disputes arise from disagreements over company management, profit distribution, or shareholder rights. Resolving such disputes often requires reference to partnership agreements, shareholder agreements, and the Companies Act 2016.
2. Employment Disputes
Employment disputes concern issues such as wrongful dismissal, breach of contract, or non-payment of wages. In Malaysia, such matters are typically governed by the Employment Act 1955 and may be brought before the Industrial Court or civil courts, depending on the circumstances.
3. Landlord & Tenant Disputes
These disputes commonly involve issues of rent arrears, breach of tenancy terms, or unlawful occupation. In Malaysia, resolution may involve negotiation, eviction proceedings, or civil litigation, depending on the nature of the tenancy.
4. Debt Recovery
Debt recovery involves the legal process of reclaiming unpaid sums owed under contracts or business dealings. Remedies may include issuing a Letter of Demand, filing a civil claim, or initiating bankruptcy proceedings where appropriate.
5. Discharge of Bankruptcy
A discharge of bankruptcy releases an individual from the legal restrictions and obligations associated with bankruptcy. In Malaysia, a bankrupt may apply to the Director General of Insolvency or the High Court for discharge after meeting statutory conditions.
6. Injunctions
An injunction is a court order that restrains a party from performing certain acts or compels specific conduct. It is an important remedy in Malaysian civil proceedings for preventing harm or preserving assets pending the resolution of a dispute.