Key Engagements

BANKING/SECURITIES LITIGATION

Client/Deal Name

Brief Case Description

Malayan Banking Berhad and Maybank Islamic Berhad

Represented Malayan Banking Berhad and Maybank Islamic Berhad, the largest banking group in Malaysia, in their multi million Ringgit claim for, inter alia, cyber fraud and conspiracy against over 50 Defendants in relation to monies wrongfully taken and received. Upon being instructed, a Mareva injunction/freezing order was successfully obtained from the High Court on the same day and was later affirmed on the return date.

Maybank Investment Bank Berhad

Advised and acted for Maybank Investment Bank Berhad (formerly Maybank Securities) in an action by 3 Investors against Maybank Securities for misrepresentation/negligence arising from reports prepared and statements made by Maybank Securities in relation to the likely performance of shares of Idaman Unggul on an RTO in 2004. The case involved then novel issues of common law duty of care and statutory duties of Investment Banks and Financial Advisors when preparing reports on the likely performance of shares prior to IPO’s or RTO’s.

Bank Negara Malaysia

Advised the Central Bank, as interveners, in respect of appeals by Bank Islam Malaysia Berhad and Bank Kerjasama Rakyat Malaysia Berhad, to the Court of Appeal, against two decisions of the High Court, that the al-Bai Bithaman Ajil (BBA) and Bai ‘Inah financing transactions, both being based on the Shariah concept of Bai ‘Inah, were not Shariah compliant and therefore invalid. The Court of Appeal ruled in favour of the banks and the Central Bank in these two appeals. The outcome of the appeal was significant, given that 58% of the total Islamic financing facilities in the country were, at the time, based on BBA/Bai ‘Inah.

Affin Merchant Bank (M) Berhad

Advised and acted for Affin Merchant Bank Berhad in a claim brought by the Plaintiffs for damages, premised on alleged reliance by the Plaintiffs on various announcements and statements made by Affin Merchant in relation to the proposed restructuring scheme of Omega, which was aborted due to a revocation of consent for the scheme by the Securities Commission. The case dealt with then novel issues on duty of care owed by the merchant bank when conducting a due diligence exercise and statutory duties owed by primary financial advisers to investors.

Confidential

Advised a Malaysian Bank on its multi-million loan facility granted to the borrower company for a major property development located along Jalan Tun Razak Jalan Pahang. The advice involved technical and complex issues, including the legal effects of a Syariah Court Order, conflicting instructions from opposing parties and contentious surrender of security documents.

Sinesinga Sdn Bhd

Acted for Sinesinga (a company that purchased and recovers NPL) in numerous complicated and high volume loan recovery actions against various borrower companies and their respective guarantors.

Confidential

Advised a large Malaysian Bank and its London Branch on the effect of a third party debt order (for freezing of accounts and disclosure of accounts information) issued by the English Court, on the Bank.

Maybank Investment Bank Berhad

Advised a consortium of banks in a syndicated loan for the development of an industrial park involving issues of land acquisition by the Government, illegal sand mining and competing interests in the subject matter property.

Confidential

Represented and advised numerous stock-broking companies and securities regulatory bodies to recover losses resulting from share market trading, market manipulation and breaches of applicable securities law, including the prosecution of cases to recover losses amounting to hundreds of millions where trading was done via nominees.

COMMERCIAL DISPUTES

Client/Deal Name

Brief Case Description

Volkswagen Group Malaysia (VGM)

Advised and acted for VGM in relation to the termination of one of its dealers involving claims of damages of over RM360 million.

Federal Land Development Authority (FELDA)

Successfully defended Federal Land Development Authority in a multi-million Ringgit claim arising from issues relating an alleged breach of a commercial tenancy agreement.

Telaga Chipmill Sdn Bhd

Advised Telaga Chipmill in a commercial dispute arising out of its agreement to provide services for, amongst others, “In feeding and Sorting Works, Loading and Stevedoring Works and Bark Removal Works.

Ranhill Berhad

Advised Ranhill, a major Malaysian public listed oil and gas company in relation to an international dispute involving one of the Company’s projects in Sudan.

Multimedia Development Corporation (MDeC)

Acted for MDeC in 6 suits arising from the high profile collapse of the E-Village project at Cyberjaya. The suits involved a multi-million Ringgit claim and the novel issue of whether the Bill of Guarantee issued by the Ministry of Finance is binding on the Malaysian Government.

Golden Screen Cinemas (GSC)

Successfully defended GSC in a land/property dispute (which involved a commercial property then valued at a significant amount) in the High Court, Court of Appeal and Federal Court.

Tenaga Nasional Berhad

Advised TNB in a potential dispute in relation to the sale and purchase of gas turbines for a power project.

Pacific Crest Securities

Advised a US investment bank in relation to a commercial dispute against a Sarawak-based company.

Confidential

Advised a power company on its dispute with an Independent Power Producer (IPP) in Sabah in relation to a Power Purchase Agreement (PPA).

Volkswagen Group Malaysia (VGM)

Successfully struck out a multi-million Ringgit Suit made against, inter alia, VGM and DRB-HICOM, for breach of agreement and conspiracy to injure the Plaintiff.

Confidential

Advised client in a tenancy dispute concerning the delay in the construction of KLIA 2.

Chevron Malaysia Limited

Advised and acted for Chevron in a claim for losses sustained as a result of a fire in a warehouse involving issues of bailment and sub-bailment.

Danaharta Urus Sdn Bhd

Defended a national statutory body in a suit brought against them (Marina Bte Mohd Yusoff v Duar Tuan Kiat (Receiver & Manager) and 7 others [2008] 1 CLJ 169) for vacant possession and control of a 38-storey building in Kuala Lumpur. The value of the subject matter was significant at the material time and issues included resisting an application for an interlocutory injunction and Erinford injunction, the interpretation of the provisions of Pengurusan Danaharta Nasional Berhad Act 1998 and an analysis of the law of conspiracy, company law, enforcement of securities and agency.

The Great Eastern Life Assurance Co Ltd

Acted as co-counsel for an insurance company before the Federal Court (Malaysia’s apex court) in The Great Eastern Life Assurance Co Ltd v Indra Janardhana Menon [2005] 4 CLJ 717 that dealt with a novel point of law pertaining to the interpretation of the statute of limitation for breach of contract.

Confidential

Defended a multinational logistics services company and its international affiliates in several cases involving alleged mis-delivery and theft of goods shipped. The main legal issues relate to the International Carriage of Goods by Air and the Warsaw Convention 1929.

Pengurusan Danaharta Nasional Berhad and the Danaharta group of companies

Represented a national statutory body formed to absorb and recoup losses incurred during the Asian financial crisis in 1997. One of the cases involved recovery of a debt in excess of RM300 million which dealt with, inter alia, issues on the law of limitation and the application of a novel decision of the UK House of Lords (now Supreme Court) on the admissibility of without prejudice communications.

Confidential

Acted for owners and occupiers of land in relation to the enforcement of a contract against them arising from a compulsory Government land acquisition. Issues of law included fraud, misrepresentation, company law (lifting of the corporate veil), contract law and breaches of the Valuers, Appraisers and Estate Agents Act 1981 and its ancillary rules.

Confidential

Advising and defending an Australian based medical company (together with Australian solicitors in Sydney), in relation to a potential suit by a foreign company with respect to the termination of a joint venture in Malaysia.

Confidential

Advised an Oil & Gas company in a commercial multi-million Ringgit dispute arising out of an engineering, procurement, construction and commissioning contract (EPCC Contract).

Genting Property Sdn Bhd

Acted for Genting in a claim involving breach of obligations/warranties under a share sale agreement worth RM14 million.

CONSTRUCTION

Client/Deal Name

Brief Case Description

Confidential

Advised and represented an International Oil & Gas company in relation to a dispute arising out of the construction of a Semi Floating Production Structure, where the potential quantum of dispute was in the region of USD 3 Billion.

Confidential

Represented a multinational Oil & Gas company in CIPAA adjudication proceedings before the Kuala Lumpur Regional Centre of Arbitration, in relation to a dispute concerning the construction of a Semi Floating Production System. The total quantum of the dispute was in the region of USD69million.

DAR

Acting and representing Dar Al-Handasah Consultants, a member of the Dar Group of Companies, together with its subsidiaries, in a dispute relating to the design and construction of the Butterworth Outer Ring Road connected to the second Penang Bridge, Malaysia. The quantum of the disputes amounted to approximately RM60 million.

Confidential

Represented a construction and Engineering firm in CIPAA adjudication proceedings in relation to disputes concerning the construction of tele-communication towers in various states in Malaysia. The total quantum of the disputes exceeds RM25 million.

Federal Land Development Authority (FELDA)

Advising and representing FELDA in an arbitration proceedings in relation to disputes arising out of a “New Construction Housing” project for FELDA ultilising the IBS system. The quantum of the disputes amounted to more than RM30 million.

Confidential

Represented Labuan Offshore company in a dispute against a listed entity in India (with Singapore as the seat of arbitration) in relation to various construction “packages” of work connected to an Oil & as project in Myanmar.

Confidential

Represented a Malaysian construction firm in CIPAA adjudication proceedings before the Asian International Centre of Arbitration, in relation to a dispute concerning construction works of a refinery complex in Pengerang Johor.

Confidential

Acted as Co-Counsel with a foreign law firm, in a dispute between insured and insurers arising from breakdown of a steam turbine in one of the largest power plant in Malaysia, resulting in losses to the insured of approximately USD 80 million over a period of approximately 30 months.

Confidential

Advised a Malaysian interior fit-out and design solutions provider in CIPAA adjudications proceedings, in relation to a dispute concerning the refurbishment of a well-known hotel in Kuala Lumpur with a total contact sum of RM 91 million.

Confidential

Represented a Malaysian architectural firm in CIPAA adjudication proceedings before the Kuala Lumpur Regional Centre of Arbitration, in relation to a dispute concerning the construction of government buildings.

Ranhill Berhad

Advised Ranhill, a major Malaysian public listed oil and gas company in relation to an international dispute involving one of the Company’s construction projects in Sudan.

Ireka Corporation Berhad

Advising and representing a well-known listed Malaysian developer in a number of appeals at the court of appeal in relation to issues involving the principles of setting aside adjudication decisions and the interpretation of related provisions under CIPAA 2012.

CORPORATE/SHAREHOLDERS DISPUTE

Client/Deal Name

Brief Case Description

Nokia (M) Sdn Bhd

Advised and represented Nokia (M) Sdn Bhd in a dispute involving the value of the contributions made by an individual shareholder in the growth of Nokia in Malaysia, and the valuation of the shares of the Company in the context of the restructuring exercise undertaken by the Company.

Naza Group of Companies

Advised Naza, a large distributor of motor vehicles in Malaysia, in a dispute involving the interpretation and function of section 150 of the (previous) Malaysian Companies Act, interests of beneficiaries of shares, and shareholders’ rights. Issues in the case included the utilisation of a corporate exercise in enforcing shareholders’ rights and the challenge by individuals who do not have a direct interest in the shareholding of the Naza Group of Companies.

Killinghall

Advised a major shareholder in a shareholders dispute in relation to the acquisition and merger of 2 Malaysian banks – at the time, it was said to be the largest acquisition and merger of banks in Malaysia history.

Sime Darby Group

Advised Sime Darby Group in a forensic litigation due diligence exercise and preparing investigative reports on major energy projects in Sarawak and in the Middle East. The projects had been undertaken by the Energy and Utilities Division of the Sime Darby Group, which suffered losses of over RM2 billion. Thereafter, commencing legal suits against the former directors and senior executives involved in the said projects for, amongst others, breach of their fiduciary duties and duties of good faith and fidelity in relation to their employment.

Hor Kew Corporation LImited

Successfully acted for a Singaporean developer (listed on the Singaporean stock exchange) in a mult-million Ringgit dispute, involving issues in relation to breach of a joint venture agreement to develop a township.

ABX Logistics

Advised foreign shareholders in a dispute relating to a JV between a foreign and local party in the international logistics industry.

Ranhill Berhad

Advised Ranhill Berhad, a public listed entity, in a shareholders dispute. The case involved issues of whether section 181 of the Malaysian Companies Act was an appropriate remedy for a shareholder in a listed entity and whether a legitimate expectation can exist for a shareholder in a listed entity.

Jimah Power

Advised Jimah Power in a shareholders dispute in relation to a power project in Malaysia.

Tenaga Nasional Berhad

Advised TNB, a major power provider company in Malaysia, in relation to a shareholders dispute in its joint venture company in Indonesia.

Pearson

Advised Pearson, a major worldwide publishing company, in a suit against former managers and directors for mismanagement.

Metro Holdings & Harry Elias Partnership

Advised Metro Holdings & Harry Elias Partnership, Singapore, in a shareholders dispute involving the development of the Gurney Project in Penang. The case involved the interpretation of what constitutes a “member” under the relevant sections of the Malaysian Companies Act 1965, the issue of locus standi and the piercing of the corporate veil.

Confidential

Advised a well-known developer in a dispute with its joint venture partners on the redemption of RM299,934,374.00 worth of Cumulative Redeemable Preference Shares.

Confidential

Advised an international financial advisor in a major shareholders dispute concerning the acquisition of a Malaysian Financial Institution.

Bonham Industries Limited (BVI)

Successfully represented a BVI company at the High Court in London in dismissing an urgent worldwide mareva injunction application involving approximately 200 million shares of a Company listed on the London Stock Exchange within hotly contested divorce proceedings involving high net worth Malaysians.

FORENSIC INVESTIGATION

Client/Deal Name

Brief Case Description

Labuan FSA

Conducting a forensic investigation and litigation due diligence for Labuan FSA, an offshore regulator based in Labuan, in relation to potential impropriety committed by Directors and Officers of a Trust Company and their potential mismanagement of the Trust Company and its offshore growth fund (which resulted in investors’ monies amounting to tens of millions of US dollars being unaccounted for).

Confidential (Public listed company)

Conducting a 6 month review and investigation for one of the largest Malaysian conglomerates (and its subsidiaries) listed on Bursa Malaysia (Kuala Lumpur Stock Exchange) for the purpose of discovering and establishing evidence of impropriety committed by several of its Directors and Officers which had resulted in losses suffered by the Company of more than RM2billion.

Confidential (Investment bank)

Conducting an intensive review, litigation due diligence exercise, and investigation, over approximately 3 months, for one of the largest investment banks in Malaysia in relation to a potential fraud and non-disclosure of vital information in a sale and purchase of a boutique investment bank.

Federal Wellness Corporation Sdn Bhd

Conducting a forensic investigation, litigation due diligence and legal review of Felda Wellness Corporation Sdn Bhd with a view to establishing breaches of fiduciary duties by the previous directors and/or senior management.

Confidential

Conducting due diligence for a major worldwide publishing company, with a view to initiating civil suit against former managers and/or directors for mismanagement.

GENERAL/CIVIL LITIGATION

Client/Deal Name

Brief Case Description

Labuan Financial Services Authority (Labuan FSA)

Advised and acted for Labuan FSA (an offshore regulator and enforcement authority based in Labuan) in its civil enforcement action against numerous Labuan companies and their principal owners (based in Australia) for continuing to carry out trust company business after their licences had been revoked for mismanagement (which resulted in investors’ monies amounting to tens of millions of US dollars being unaccounted for).

Labuan Financial Services Authority (Labuan FSA)

Represented Labuan FSA in an Application for Judicial Review commenced by a Labuan leasing company. The remedies sought in the Judicial Review Action includes orders for certiorari to quash the various decisions made by the Authority and a declaration that certain Guidelines issued by the Authority pursuant to the Labuan Financial Services Authority Act 1996 was ultra vires.

Confidential

Advised and acted for the Executors and Trustees of the estate of the late Keng Hup @ Keng Ang who established the Kwan Inn Teng Temple, in a dispute involving their appointment as executors and trustees and the management of the Temple.

Confidential

Advised a global oil and gas company in relation to an alleged incident of leakage of petroleum hydrocarbons from a service station, resulting in the alleged contamination of water production wells.

AET UK Limited

Advised AET in relation to an explosion at Hampshire Park Condominiums involving a fatality and other related matters.

Confidential

Advised and acted for an international oil and gas company in a quasi-criminal matter where the client was charged for an offence under the Factories and Machineries Act 1967.

Gardenia Bakeries (KL) Sdn Bhd

Successfully defended a claim for compensation for the alleged contamination of the client’s product.

Shell Refining Company Berhad (Federation of Malaysia)

Successfully defended third party proceedings in relation to a claim by 62 Plaintiffs for compensation for losses resulting from a flood.

Confidential

Advised a statutory body incorporated to jump start wealth creation through knowledge, technology and innovation, in relation to the grant of funding to a third party entity where allegations of theft of sensitive data were raised.

CEMEX Group

Advised and acted for the CEMEX Group in 3 Judicial Review against the authorities for wrongly suspending the client’s quarry permit, wrongly re-alienating the client’s land to a third party and wrongly revoking the client’s business permit. The remedies prayed for included order for Mandamus, order for Certiorari and multi-million Ringgit claim for damages/compensation.

Malayan Banking Berhad

Advised and acted for a large Malaysian bank in a quasi-criminal matter and assisted client to mitigate potential penalties imposed arising from offences committed under the Fire Services Act 1988.

Confidential

Represented multi-national car distributors, importers and dealers in various actions pertaining to alleged structural defects in vehicles purchased.

LIQUIDATION & INSOLVENCY

Client/Deal Name

Brief Case Description

Labuan Financial Services Authority (Labuan FSA)

Acted for Labuan FSA (an offshore regulator and enforcement authority based in Labuan) in the winding-up of a Labuan Trust Company under the provisions of the Labuan Financial Services and Securities Act 2010 and Labuan Financial Services Authority Act 1996. The case dealt with novel issues of whether an offshore Trust Company can be wound up by the Authority.

Bibby Offshore Singapore Pte Ltd

Advised and acted for Bibby Offshore (an offshore and subsea oil and gas services company) in a proposed scheme of arrangement involving a Labuan offshore company and thereafter in the winding up of the Labuan offshore company.

Ambank (M) Berhad

Advised and acted as counsel for client leading to the successful appointment of a private liquidator for the debtor company based on the client’s Court application.

Ernst & Young (where its officers were appointed as liquidators of a voluntary wound-up company)

Successfully defended the client in a legal action commenced by a creditor against the client’s decision in rejecting the creditor’s proof of debt which was premised on a judgment in default.

Golden State Foods Inc

Advised and represented client in an insolvency dispute involving the competing powers between a court appointed liquidator and a receiver and manager appointed by a bank pursuant to a debenture. The dispute was litigated in the High Court, Court of Appeal and Federal Court.

Volkswagen Group Malaysia (VGM)

Advised and acted for VGM in a winding-up petition commenced by a customer, leading to the successful negotiations for an out of court settlement between the parties.

Tahoe Resources Inc

Advised Tahoe Resources Inc (US mining company listed on the Toronto and New York stock exchange) on issues related to powers of a liquidator and winding up proceedings under Malaysian law. The advice to the client involved, inter alia, the legal implications and possible recovery of partly completed paste plant and paste plant operating spares, arising from contracts entered into between the client and the Malaysian subsidiary of a wound up Australian company.

JCT Limited

Acted for JCT Limited (a publicly listed company in India) in an appeal at the Court of Appeal, involving issues relating to preference payment under the Malaysian Companies Act, 1965 and the Bankruptcy Act 1967. The original action brought by the Plaintiffs was for, inter alia, Fraudulent Trading, under the Malaysian Companies Act.

Universiti Sains Islam Malaysia (USIM)

Advised and acted for USIM (a public university in Malaysia) in the successful winding-up of Metroplex Development Sdn Bhd, a subsidiary of Metroplex Bhd.

Avnet Partner Solutions (M) Sdn Bhd (Avnet)

Advised and acted for Avnet (subsidiary of Avnet Inc, a Fortune 500 company in US) in the winding up of Wi-Net Telecoms Sdn Bhd and VTT Broadcasting (MSC) Sdn Bhd. Also advised and acted for Avnet in the appointment of a private liquidator for the said companies based on the client’s Court application.

Confidential

Advised client in relation to the appointment of a provisional liquidator and a Receiver & Manager stemming from a minority shareholders dispute. The main subject matter of the dispute was a multi-million Ringgit property located in the heart of KL.

Chevron Marine Products LLC

Advised and acted for the client (incorporated in Delaware) in contentious winding up proceedings of a joint venture Company in Malaysia, involving issues of deadlock in the management of the joint venture Company.

Felda Wellness Corporation Sdn Bhd (FWC)

Acted for FWC in contentious winding up proceedings commenced by an Australian company involving issues of disputed debt.

SHIPPING, INSURANCE & REINSURANCE

Client/Deal Name

Brief Case Description

Bibby Offshore Singapore Pte Ltd

Advised Bibby Offshore in relation to a claim for the supply and provision of an offshore service vessel and remotely operated vehicle services.

Dhipaya Insurance Public Company Limited/Deves Insurance Public Company Limited /Sri Ayudhya General Insurance Public Ltd

Advised and represented three Thai Insurance Companies in separate multi-million Ringgit reinsurance claims by the Companies against a Tunisian Reinsurance Company registered in Labuan.

Confidential

Advised the local subsidiary of a leading German automobile manufacturer on their insurance dispute with a prominent insurance company that refused to provide insurance coverage for extended warranty for 2,498 vehicles.

Great Eastern Life Assurance (Malaysia) Berhad & Overseas Assurance Corporation (M) Bhd

Advised clients in respect of claims arising from the MH370 flight tragedy.

Haakon (Asia) Ltd/Hyundai Marine & Fire Insurance

Advising Haakon (Asia) Ltd and its client, Hyundai Marine & Fire Insurance, Japan office, in reinsurance claims against a reinsurance company.

Zurich Insurance Malaysia

Advising and representing Zurich on its subrogation claims against a logistics company based in Labuan.

Private Client

Successfully acted as counsel against AmGeneral Insurance in a landmark insurance dispute, concerning, inter alia, applicability of circulars issued by PIAM (Persatuan Insuran Am Malaysia – The General Insurance Association of Malaysia) and relevance of bilateral insurance treaty.

PRIVATE CLIENTS

Client/Deal Name

Brief Case Description

Confidential

Advised and represented clients in various contested and uncontested divorce proceedings, petitions for annulment and judicial separation, both local and cross-jurisdictional, pursuing and defending child custody, access and maintenance claims, pursuing and defending spousal maintenance claims and variations of custody and maintenance orders, property disputes, injunctions, drafting of prenuptial, postnuptial and separation agreements, adoptions, solemnisation of marriages between foreign nationals in Malaysia.

Confidential

Instructed as expert witness in divorce proceedings in USA (Boston/Maine) involving a Malaysian citizen.

Confidential

Advised and represented a private client in an application for gender reassignment in relation to their Malaysian Identity Card.

Foreign Embassy, Malaysia

Advised a foreign Embassy in Malaysia on matters pertaining to family law involving their citizens.

Central Point Group Limited (BVI), Dunross Properties Limied (BVI), Norcross Ltd (HK)

Represented 3 offshore companies  in a “Titanic” contested divorce proceedings commenced by wife in London involving a high net worth Malaysian. The 3 offshore companies were alleged to hold a significant amount of the net worth of the husband.