Obtaining a Restraining order under - Free Essay Example

Sample details Pages: 4 Words: 1188 Downloads: 4 Date added: 2017/06/26 Category Law Essay Type Cause and effect essay Level High school Tags: Act Essay Did you like this example? Restraining order under S.176(10) A restraining order will only be given by the court when a scheme or an arrangement is proposed to the court under the consideration as accordance to s.176(1)(3) to prohibits the court in granting any further action towards the said company. However such application must be applied to court before any orders or resolution has been passed by the court to any interested party and after procedures which laid down from s.179(1) to s.179(9) has been closely fulfill. The courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s order to restraint further proceedings can define as to the restriction of any further action to be taken against the company[1] for examples: the action of appointment of a receiver under a debenture. Don’t waste time! Our writers will create an original "Obtaining a Restraining order under" essay for you Create order Extension of restrain order under s.176(10A)(a)(b)(c)(d) S.176(10A) of the Act states that the court may grant a restraining order under the powers granted by the Act for a period not more than 90 days. However, the period of time of the said restraining orders is subjected varied as to any good reasons which been provided to the court and the court by its discretion, deems fit, allow if and only if (a) there is a scheme of compromise and tolerance between the company and its creditors or any class of such creditors which consists at least one half of the total creditors; (b) the order of restraining is necessarily to formalize the scheme of compromise for the approval of creditors; (c) statement in the prescribe form as to the affairs of the company made up is not more than 3 days before the lodging of application; (d) court allows a person nominated by the creditors of the application to act as director, if the person is not a director, notwithstanding the provisions of the A ct or the memorandum or the articles of the company, appoints such person to act as director[2]. Under the case of Pelangi Airways Sdn Bhd v Mayban Trustee Bhd[3], the courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s decision suggest that the compliance to the requirements under s.176(10A)(a) to (d) is only required when any application for restraining orders of more than 90 days is made. However, this principle was later rebutted by a latter case. In the case of RE PECD Bhd (No2)[4], applicants applied for a 30 days extension over the original granted restraining order of 60 days as accordance to s.176(10A). One of the creditors opposed and objected the application on the reason that s.176(10A)(c),(d) was not followed as there was a statement of the affairs of the company was not lodge together with the application and there was no creditors nominated to act as a director of the said company. The applicant argued that the subsection of s176(10A)(c) and (d) does not apply to them as their application was n ot exceeding 90 days. The grammatical wordings of à ¢Ã¢â€š ¬Ã‹Å"if and only ifà ¢Ã¢â€š ¬Ã¢â€ž ¢ and the subsections were argued that it is for à ¢Ã¢â€š ¬Ã‹Å"a such longer period which the court may for good reasons grantedà ¢Ã¢â€š ¬Ã¢â€ž ¢ and not à ¢Ã¢â€š ¬Ã‹Å"a period of not more than 90 daysà ¢Ã¢â€š ¬Ã¢â€ž ¢. The court dismiss the application and held that the compliance to s176(10A)(a) to (d) is mandatory as accordance to the real intention of the legal draftsman had intended to[5]. The court also requires a à ¢Ã¢â€š ¬Ã‹Å"good reasonà ¢Ã¢â€š ¬Ã¢â€ž ¢ when the application of extension of restraining order was applied to the court. Following the case of Metroplex Bhd v Morgan Stanley Emerging Markets Inc; RHB Sakura Merchant Bankers Bhd (Intervenes)[6], it was held that good reason includes: (a) bona fide scheme of arrangement with sufficient details for creditors, (b) the scheme must not be bound to fail, (c) the interest of the beneficiaries (creditors) under the sche me must be safeguard. The consequences of the restraining order granted s.176(10B) to (10G). After the above discussion, according to s.176(10A)(d), a creditor can act as a director and he has the power and rights to access the accounts, records and documents of a company. He is also entitled to have information and explanations from any officer of the said company upon inquiring them[7]. After obtaining the order from the court, any kind of deposition over the properties registered under the company is not allowed. This shall include things in action and any acquisition of property of the company but not properties in the normal course of business. If any deposition was made by the company for such kind of property after the grant of order from the court shall be regard as void, provided the court orders otherwise[8]. Any officer who default in such shall be guilty of an offence, which carries punishment of an imprisonment not more than 5 years or a fine not exceeding RM1 million or in certain cases both applies[9]. By relating to case Intrakota Komposit Sdn Bhd Anor v Sogelease Advance (M) Sdn Bhd[10], the applicant applied an application under s.176(10C) for the leave of court for the dispose of companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s asset to another company. The court later on granted the leave and allow the applicants to dispose the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s property to another party, as result freeing the applicants from the liabilities of S.176(10D). As compared to another case, which is Pelangi Airways Sdn Bhd v Mayban Trustee Bhd[11], in this case the Pelangi Airways Sdn Bhd had after the court granting the order of restraint, dispose off certain properties without obtaining the leave of court. Therefore, court rule that Pelangià ¢Ã¢â€š ¬Ã¢â€ž ¢s restraint order was held irrgular and to be set aside. The cases comparison shown us that the court took a serious approach in the compliance of s.176(10C), although the non-compliance of such section will no t automatically trigger the liabilities under s.176(10D), but it will likely to have the restraint order to be set aside or cancel off. When the order made under s.176(10), company in relation to which the order is being made must within 7 days, either (a) lodge an official copy of order to CCM, and (b) publish a notice of the order in a daily newspaper circulating over Malaysia in order for the members and creditors of the company to have knowledge of the restraint order. This can avoid future court proceeding brought on by the members or creditors that claim that they have no knowledge over the said restraint order. Failure of complying such requirements will result in an guilty of an offence which punishable with a fine not more than RM100 thousand[12]. [1] Re Artistic Color Priniting Co (1880) 14 ChD 502. [2] S.176(10A) of the Company Act 1965, https://www.ssm.com.my/acts/fscommand/CompaniesAct.htm, Accessed on 12th of December 2014. [3] [2001] 2 MLJ 237. [4] [2008] 10 CLJ 486. [5] https://www.cljlaw.com/Members/DisplayCase.aspx?CaseId=2837776897SearchId=, Accessed on 12th of December 2014. [6] [2005] 6 MLJ 487. [7] S.176(10B) of the Company Act 1965. [8] S.176(10C) of the Company Act 1965. [9] S.176(10D) of the Company Act 1965. [10] [2004] 8 CLJ 276, https://www.cljlaw.com/Members/DisplayCase.aspx?CaseId=2748713473SearchId=5mmu3, Accessed on 12th of December 2014. [11] [2001] 6 CLJ 129, https://www.cljlaw.com/Members/DisplayCase.aspx?CaseId=2658869761SearchId=6mmu3, Accessed on 12th of December 2014. [12] S.176(10E) of the Company Act 1965.

Hitler s Impact On The World War II - 2312 Words

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Not only was this war fought among the many soldiers that gave their lives for their country; there was a subtle fight among the government controlled movi emakers and poster designers. These men and women played an important role in portraying their enemies and the war in a way that would stick in their fellow citizens’ heads to bring some type of unity for the nation. These psychological soldiers promoted patriotism through propaganda to sway the people of their country. Propaganda is defined as, â€Å"ideas, facts, or allegations spread deliberately to further one s cause or to damage an opposing cause.† All of the participants in the war used it. DespiteShow MoreRelatedHitler s Impact On The World War II1636 Words   |  7 Pagessquare, saluting and chanting Hitler s name. World War II has begun and many Germans hope for improvements in the economy. Their leader is Adolf Hitler. 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Support individuals in their last days of life Free Essays

string(120) " of death which they had discussed in their are plan this should be reviewed to make sure the care providers are aware\." In the person’s last days If known others may like to spend a lot of time with the person but others may not want to see them like that and just want to eave the better memories as people can’t handle seeing the person looking very frail as this cannot be very nice, but it all depends on how each person can handle the situation and it is also hard as you don’t know whether to expect the worst each time you go into their room as they could have passed away. It can cause a lot of stress within the home setting and people will be very sad but we have to do our best to try and keep them as happy and as calm as they can be. Common signs of approaching death, you can never know when someone Is going to die but there is always a sign such as they May- Lose their appetite the person may begin to resist or refuse to eat meals or any drink fluids. We will write a custom essay sample on Support individuals in their last days of life or any similar topic only for you Order Now Become very fatigue or sleepy- The person may begin to sleep the majority of the day and night as metabolism slows and the decline In food and water contribute to dehydration. Physical weakness- As the person Is declining food and sleeping a lot they will find that they have no energy. Confusion or disorientation- Organs begin to fail including the brain they may start to forget where they are or what they are doing. Change in breathing- Breath intakes and exhales can become very irregular. Social withdrawal- As the body starts to shut down they may gradually lose interest in being around those that are close to them. Swelling in feet and ankles- Coolness in tips of fingers and toes. Good end of life care helps patients with life-limiting conditions to live as well as possible until they die, and to die with dignity. End of life care encompasses palliative care, which focuses on managing pain and other distressing symptoms, providing psychological, social and spiritual support to the patients, and supporting those that are close to the patient. All patients should be treated with dignity and aspect throughout the course of their care. Patients who are dying must receive the same standard of care as all other patients. Their privacy, dignity and wishes must be respected at all times, by listening and achieving their wishes can make them feel more relaxed and less distressed. Making sure your patient has good pain relief, making sure they are always comfortable, having other people around them to keep them occupied or even little things like listening to the radio or watching television if they enjoy doing this. Making sure your patient has everything and everyone they deed around them, some people may not want to be like this some people may want to go alone and this needs to be respected even If their family members or loved ones want to be with them you have to respect the fact they want to be alone as long as they are comfortable. There are rules governing when life-prolonging treatment can be withheld or withdrawn when the patient’s consent is not available, the professionals in charge of the person’s care, should decide whether treatment should be continued or not. They should consider whether the treatment is in the best interests of the client in terms of quality of life and how long they will live and if the treatment is helping to improve their condition. If the patient still has the capacity to decide whether or not they want to carry on or stop with the treatment it is their own choice as they still have the capacity to their rights. Also it needs to be remembered that the client should always be center of the care. Some of the signs that death has occurred are they- Have stopped breathing No heartbeat Loss of bowel and bladder control No response Eyelids slightly open Eyes fixed on a certain spot Mouth slightly open The body cools When a client does become to near the end of life or even ill from the start you have to work with other professionals at first you may start with the GAP to diagnose the patient and they would then refer them to the hospital if required if not they would give you prescriptions for the right medication to treat them. You would also work with district nurses if required if a client had a bed sore. You would work with the pharmacy to make sure you receive all the medication and on time and to order when needed. A patient should be monitored regularly; everything that the patient goes should be recorded and documented correctly making sure they are legible, accurate, relevant and clear. Things that may get monitored- Food intake charts Fluid intake Charts Continence checks Positioning Chart Checking Temperature Body maps to mark if they have any bed sores If they were in pain or how much pain. Some people may not be able to tell you how much or if they are in pain so in some care homes they use pain rating scales, Faces tool, Disability distress assessment tool (Distant), Body charts/ Maps or its even suggested if the patient is able to keep a pain diary. Everyone approaching the end of life should have their needs assessed and their wishes and any preferences discussed, any actions reflecting their choices they make about the care they would like to receive should all be recorded in their own personal care plan especially as some people in advance want to refuse treatment, the care plan should be regularly reviewed. Once a client enters into the dying phase the care providers need to adapt their care and support according to the care plan, also the client may have a preferred place of death which they had discussed in their are plan this should be reviewed to make sure the care providers are aware. You read "Support individuals in their last days of life" in category "Papers" Advanced care planning should be completed as it gives people the opportunity to make their wishes and preferences known should they deteriorate and lose the sure all staff and any other professionals are aware and know fully of all the changes and any requirements or adjustments that need to be made such as ways of working, making sure all changes are documented in their personal care plan, in staff communication books, also making sure that all risk assessments are updated, reviewed and changed as needed. Making sure the client has everything that they need to meet their needs to the changes. This also helps everyone to follow the same way of working to support the client when any changes do happen. Some family members/careers may wish to assist with the personal care in acknowledgement of individual wishes, religious or cultural requirements. If it is down to the staff to carry out this task then the Staff should be Prepared before they do this as there are changes to the body after death and they should also be aware of manual handling and infection control issues. Some people may not want their family or staff to do so, once the patient has died you should refer to their plan of care to see and follow their wishes if any after death. In private nursing homes the personal care after death is the responsibility of a registered nurse, although this and the packing of the property may be delegated to a trained healthcare assistant. The registered nurse is responsible for correctly identifying the deceased person and communicating accurately with the mortuary or funeral director (in line with local policy). In care homes without a registered nurse, he home manager is responsible for ensuring that professional careers are trained appropriately and to ensure that they are competent in their role. The death should be documented straight away the time the date and the people that are present, this also has to be reported to the care quality commission within 24 hours. After the persons death the Last offices should be carried out or some people may call it Personal care after death, two members of staff should carry out last offices but this can only be done once the death has been officially confirmed. The staff should ear all protective equipment such as gloves and apron when carrying out last offices. There is a a list of national guidelines, policies and legislations that are required after a death they are – Health and Safety at work act 1974 Control of substances hazardous to health regulations 2002 (COACH) Code of Conduct Health and social care act 2008 It is always important that the care plan is referred to before after death as the client may have left their wishes and preference that they would like to be carried out and these should always be followed, as the client may have requested that they would ay have requested that their belongings should be given to a charity or some kept with them and many more examples but the point is that their wishes should always be respected and followed. All staff knows and are fully aware that when a client has passed that all procedures in place must be followed when handling the decease and moving their belongings, gloves and aprons must be worn, all of their personal belongings such as bedding, bed cloths and clothing should be disposed of in the correct way. Everyone is different to how they react to somebody passing, there are different types f ways such as- Emotional- Sadness, anger, blame, depression and loneliness. Physical- Weakness in muscles, hollowness in stomach, tightness in throat and shortness of breath. Cognitive- A person may experience mental difficulties, such as poor concentration, forgetfulness and day dreaming. Behavioral- Some people may react by crying, loss of interest and withdrawal. Spiritual- They may start to question their spiritual beliefs but others may find solace. When telling family or friends that their loved one has passed you have to be repaired for different types of reactions as above, people should always be allowed to spend time by the deceased and their privacy should always be respected. Offering a cup of tea and going into a quiet space where they will not be disturbed so that they can talk about what happens next, sometimes people may find it hard to absorb any information so the care staff should write up a simple and clear guide for them. When talking or telling close family or friends you should always use good listening skills show empathy, always make yourself available and give people time to express themselves and talk, offer any help to register death or organize a funeral or even Just offer any advice. In a care setting the rest of the house should be told what has happened and this should not be hidden from them as they all have the right to know, they should all be told in a tactful and sensitive way. Offer support and let them know that staff will always be available if they feel they need to talk. Family or People in a care setting all have the right to be told and known about bereavement support services that are available to them. When a person dies majority or all staff care workers often experience grief, staff can attend the funeral or pay their respects in some way, by attending the funeral this will allow people to express grief and maybe bring closure. People may actively grieve by crying and it is acceptable to cry and let others know that the person will be missed, some people may be tearful or stressed then they should take time out in a quiet area. Talk to others as they might be feeling the same way as you. There is also career’s support groups that are available that help yourself or staff bereavement charities or if this doesn’t help you can get specialist support from your How to cite Support individuals in their last days of life, Papers