Introduction – IP in a family business When a family business faces decline, the instinct is often to mourn the loss of bricks, mortar, and monthly revenue—yet the most valuable assets may be invisible. Intellectual property (IP), including brand names, recipes, customer relationships, and trade secrets, can outlive the physical shop and sometimes exceed it […]
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Can directors be liable for oppression?
In this discussion on the case of AUSPICIOUS JOURNEY SDN BHD v. EBONY RITZ SDN BHD & ORS [2021] 3 MLRA 703, Federal Court clarifies when directors and third parties face personal liability under s 346 CA 2016 in minority oppression claims, and when winding-up remains the right remedy. Introduction In late 2012 a Singapore-listed […]
Breach of Fiduciary Duty in a Family Business
This article discusses the case of Sun Pharmaceuticals Sdn Bhd v Wong Fong Leng [2026] 633. The High Court delivers a landmark ruling on breach of fiduciary duty in Malaysia, awarding over RM70 million in a derivative action under the Companies Act 2016. This case discusses the events based on the published case report. In […]
Dispute in the Family Business & Derivative Actions
This article discusses how Malaysian courts handle derivative actions in family companies. We break down the Sun Pharmaceutical case and Companies Act 2016 requirements. When a Marriage Breaks Down, the Business Bleeds It is a quiet kind of devastation when a family company becomes the primary casualty of a divorce. In Kuala Lumpur, a well-established […]
“Good Faith” and “Best Interest” in Derivative Actions
Note: The Federal Court case of Dato’ Seri Timor Shah Rafiq v Nautilus Tug & Towage (2024) clarifies the test for leave to commence derivative action under s 348 of the Companies Act 2016. Introduction On the afternoon of 19 September 2016, the harbour tug NTT Lumut rested alongside the jetty at Vale’s Teluk Rubiah […]