Kementerian Pertahanan Malaysia & Anor v Malaysian International Shipping Corp Bhd & Ors [2007] 5 MLJ 393

Papparoti (M) Sdn Bhd v Roti-Roti International Sdn Bhd & Ors [2009] 1 LNS 683 (affirmed by Court of Appeal)
April 4, 2019
Directors duty to act in company’s best interests:how much is too much?
April 22, 2019

The Court of Appeal held that a private law firm appointed by the insurers were entitled to institute proceedings in the name of the Government of Malaysia and/or the Ministry of Defence, without need for authorization from the Attorney General under s 24(3) of the Government Proceedings Act 1953.

The Court of Appeal found that the insurers had dominus litus of the proceedings, and are entitled to step into the shoes of the Government of Malaysia due to the doctrine of subrogation.

Alvin Tang was co-counsel with M Nagarajah, and acted for the insurers/the Ministry of Defence.