Lodge a police report within 24 hours, get medical treatment and keep every report and receipt. Claims for injury or vehicle damage are usually made against the at-fault driver, with their motor insurer handling the claim. If it does not settle, you can sue; the Magistrates' Court hears claims up to RM100,000 and the Sessions Court up to RM1 million. Time limits apply, so get advice early.
Compensation is made up of general damages for the injury itself (pain, suffering and loss of amenity) and special damages for proven financial losses such as medical bills and lost income. Courts also consider future loss of earnings and future treatment. Past awards for similar injuries are used as a guide. Every claim depends on medical evidence and documents.
You may have a claim if the owner or occupier failed to take reasonable care to keep the premises safe and that failure caused your injury. Not every fall gives a claim. Report the incident on the spot, photograph the hazard, ask for CCTV to be preserved, see a doctor and keep receipts. Damages may be reduced if you were careless.
Yes, an oral loan can still be enforced. You must prove that money was lent (not gifted) and that it was meant to be repaid. Bank transfer records and messages where the borrower admits the debt are key evidence. Send a letter of demand, then sue: small claims up to RM5,000, or the normal court process. Act within six years.
Small claims is a simplified Magistrates' Court procedure for individuals claiming RM5,000 or less. You file Form 198 at the Subordinate Court registry, serve it on the defendant, who has 14 days to file a defence in Form 199, and the Magistrate hears the case. Lawyers cannot represent parties at the hearing, but you can get advice beforehand.
A complainant, such as a member, a former member in some cases, or a director, may with the court's leave bring, intervene in or defend proceedings on behalf of the company (Companies Act 2016, ss.345 and 347). You must give the directors 30 days' written notice before applying for leave, the court considers good faith and whether it is prima facie in the company's best interest, and proceedings must start within 30 days of leave (s.348). The court can order the company to pay reasonable legal costs (s.350).
A company is deemed unable to pay its debts if it owes more than the amount prescribed by the Minister, a creditor leaves a notice of demand at its registered office, and it neglects for 21 days to pay, secure or compound the debt (Companies Act 2016, s.466(1)(a)). The creditor must then file the winding-up petition within six months after the notice expires (s.466(2)). The route is powerful but suits undisputed debts only; a genuinely disputed debt can lead to the petition being restrained and costs against you.
Normally no: a company is a separate legal person, so its debts are its own. But a director can be personally liable where they gave a personal guarantee, where the court declares them responsible for fraudulent trading (Companies Act 2016, s.540(1)), where they are convicted of knowingly contracting a debt with no reasonable expectation that the company could pay and the court makes a declaration (s.539(3) and s.540(2)), or where specific laws impose liability. Liability is decided case by case on evidence.
Directors must act for a proper purpose and in good faith in the company's best interest (Companies Act 2016, s.213), and must not, without consent or ratification by a general meeting, use company property, information, position or opportunities, or compete with the company, to benefit themselves or others or harm the company (s.218). The company can sue for compensation, an account of profits and injunctions. If the wrongdoers control the board, a member or director may seek leave for a derivative action.
