Key Engagements

BANKING/SECURITIES LITIGATION

Client/Deal Name

Brief Case Description

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 in relation to a revocation of consent for the scheme by the Securities Commission. The case dealt with the then novel issues on duty of care owed by the merchant bank when conducting a due diligence exercise and statutors.

Asian Trade Investment Bank LTD

Represented an Iranian Offshore Bank registered in Labuan in defending a claim for negligence where the quantum claimed amounts to approximately USD100 million. Issues in dispute includes the extent of an employer’s liability, fraud, forgery, deception, ostensible authority and tortious liability of the client. A major issue of dispute related to the whereabouts of USD100 million which the Plaintiff alleged was deposited with the said Iranian Offshore Bank but which the said offshore bank denies.

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.

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.

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.

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.

Malayan Banking Berhad and Maybank Islamic Berhad

Successfully represented Malayan Banking Berhad and Maybank Islamic Berhad, the largest banking group in Malaysia, in a landmark multi million Ringgit claim for, inter alia, cyber fraud and conspiracy and a claim for unjust enrichment, against over 50 Defendants in relation to monies wrongfully taken and received, upon instructions, a Mareva injunction/freezing order was successfully obtained from the High Court on the same day and was later affirmed on the return date. The clients were successful after a trial conducted over 18 days and are now enforcing their Judgment.

Malayan Banking Berhad

Representing the client in relation to several claims against a number of registered valuers (with the Malaysian Board of Valuers) for negligence and/or fraudulent valuation of properties for the purposes of obtaining financing from the Bank.  The Bank alleged that the valuations were deliberately and grossly inflated by the valuers working together with the borrowers/vendors/solicitors as part of a scheme to conspire and defraud the Bank. In addition, the Bank had alleged that a firm of solicitors on their were panel were parties to the alleged fraud and conspiracy.

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.

Maybank Investment Bank Berhad

Acted successfully for Maybank Investment Bank Berhad (formerly Maybank Securities) in an action by 3 Investors for misrepresentation/negligence arising from reports 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.

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.

COMMERCIAL DISPUTES

Client/Deal Name

Brief Case Description

Chevron Malaysia Limited

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.

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).

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  

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  

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

Confidential  

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

Confidential  

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

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.

Federal Land Development Authority (FELDA)

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

Genting Property Sdn Bhd

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

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.

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.

Pacific Crest Securities

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

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.

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.

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.”

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.

Tenaga Nasional Berhad

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

Volkswagen Group Malaysia (VGM)

Advised and acted for VGM in relation to the termination of one of its dealers’ involving claims of breach of dealership agreement, breach of contract, wrongful termination of contract and a claim for damages of over RM360 million.

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.

London based investors and their related companies/US Pensions Plans

Advising and representing and appearing as Counsel for 4 London based investors and their related companies/US Pension Plans in 4 claims filed by a tax authority in Europe (“Tax Authority”) in the Commercial Court of England and Wales (High Court) for alleged cross border tax fraud. More than 100 Defendants were brought into the Suits, including various international financial brokerage firms and financial technology companies. The claim is part of a worldwide effort (including the United States, United Kingdom, United Arab Emirates, Malaysia and Luxembourg) by the Tax Authority to recover approximately EUR 2 billion paid out pursuant to withholding tax refund applications made between 2012 to 2015 (involving dividend arbitrage trading and the Double Taxation treaties between the respective country (of the applicants for withholding tax refunds) and the said European country), which the Tax Authority claims were unlawful and/or fraudulent.

Confidential

Acting for a Company in a plethora of suits, predominantly brought against the Company and/or its Managing Director in actions commenced by another car agency and the Company’s former CEO, involving issues of alleged recovery of debt, defamation, as well as purported wrongful termination of employment.

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 delays in 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.

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.

Confidential

Represented a construction and Engineering firm in CIPAA adjudication proceedings in relation to a multi-million Ringgit dispute concerning the construction of tele-communication towers in various states in Malaysia.

Confidential

Represented a Labuan Offshore company in a dispute against a listed entity in India (using ICC rules administered via Hong Kong and with Singapore as the seat of arbitration) in relation to various “packages” of work connected to an Oil & Gas project in Myanmar.

Confidential

Represented a Malaysian construction firm in CIPAA adjudication proceedings before, 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 the breakdown of a steam turbine in one of the largest power plans in Malaysia, resulting in losses to the insured of approximately USD80million. Part of the claim made by the insured client included claims for loss arising from the Available Capacity Payment due to the breakdown of the steam turbine. Parties settled and client received approximately USD90million more than original offer.

Confidential

Advised a Malaysian interior fit-out and design solutions provider in CIPAA adjudication proceedings, in relation to a dispute concerning the refurbishment of a well-known hotel in Kuala Lumpur with a total contract sum of RM91 million.

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 multi-million dispute involves more than 3 experts and approximately 10 witnesses. The dispute originally commenced in or around 2005, culminating in Judgement in the High Court in April 2013, which was overturned on appeal by the Court of Appeal in November 2015, and sent back for re-trial. The re-trial of this matter is scheduled to commence in 2021/2022. In addition, an application for striking out had been made against the Plaintiff on the basis that the Plaintiff had failed to obtain sanction from the liquidator in commencing the action against the Company – which issue is pending appeal before the Court of Appeal.

Federal Land Development Authority (FELDA)

Advising and representing a statutory body in multiple arbitration proceedings in relation to a multi-million Ringgit dispute arising out of the “New Construction Housing” project for FELDA utilising IBS system. Issues in dispute include wrongful termination of the contract, whether non-compliance with state authority “stop order” constitutes a failure to perform works, and whether past conduct in not enforcing payment terms can give rise to issue estoppel.

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 Engineering & Construction Sdn Bhd

Acting as Lead Counsel in four matters before the Court of Appeal, where the appellant had appealed against decisions made by the Adjudicator and also by the High Court Judge.  Issues argued on appeal included the validity of cross-contract set-off clauses, enforceability of such clauses given the provisions of the Construction Industry Payment and Adjudication Act 2012, whether the Adjudicator had acted in excess of his jurisdiction, whether the Adjudicator had committed a breach of natural justice and the enforceability of a defective adjudication awards due to lack of mandatory details.

CORPORATE/SHAREHOLDERS DISPUTE

Client/Deal Name

Brief Case Description

ABX Logistics

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

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.

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.

Hor Kew Corporation LImited

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

Jimah Power

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

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.

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.

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 utilization 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.

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.

Pearson

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

Ranhill Berhad

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

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 for, amongst others, breach of their fiduciary duties and duties of good faith and fidelity in relation to their employment.

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.

EMPLOYMENT/INDUSTRIAL RELATIONS

Client/Deal Name

Brief Case Description

Malaysia Digital Economy Corporation Sdn Bhd (MDeC)

Successfully defended MDeC, an agency under the Ministry of Communications and Multimedia Malaysia (KKMM), in a Constructive Dismissal claim brought about by one of its Managers involving issues of victimisation and unfair treatment. The financial exposure was in the region of RM350,000 – RM410,000.00.

The hearing of the case involved an analysis of the client’s Performance Improvement Plan for the Claimant, transfer of the Claimant from one department to another and the acts of parties further to events alleged by the Claimant as wrong doings.

Ultimately, the Industrial Court found in favour of the client as the Claimant had delayed significantly in making a claim for Constructive Dismissal.

FORENSIC INVESTIGATION

Client/Deal Name

Brief Case Description

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.

Confidential (Offshore regulator)

Conducting a forensic investigation and litigation due diligence for 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

Conducting a forensic investigation, litigation due diligence and legal review of a subsidiary of a Malaysian statutory body, 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 suits against former managers and/or directors for mismanagement.

Confidential

Conducting a forensic investigation and litigation due diligence for a well-known Malaysian statutory body in relation to purported improper practices and/or fraud by its senior management over the appointment of Developers to develop land belonging to the authority and over alleged fraudulent transfers of several parcels of land to the developer.  The quantum of the development is estimated at RM4 billion.

Confidential

Advising the client on the potential wrongdoings committed by, amongst others, client’s former and existing senior management, vendors, consultants and valuers, in relation to the client’s acquisition of four (4) companies in Malaysia and in Indonesia. The client is the plantation arm of one of the largest Islamic welfare institutions in Malaysia.

GENERAL/CIVIL LITIGATION

Client/Deal Name

Brief Case Description

AET UK Limited

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

CEMEX Group

Advised and acted for the CEMEX Group in 3 Judicial Reviews 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 an order for Mandamus, an order for Certiorari and multi-million Ringgit claim for damages/compensation.

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 large multinational 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.

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.

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.

Confidential

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

Confidential

Successfully advised, liaised and instructed a foreign counsel in Saudi Arabia on a dispute involving a claim by a Saudi Arabian national (Plaintiff) against a well-known Malaysian statutory body (Defendant) in the court of Saudi Arabia. All issues in dispute were governed by Saudi Law. The case involved novel points of law and established an important judicial precedent in Saudi Arabia involving the principle of agency.

Gardenia Bakeries (KL) Sdn Bhd

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

Genting Plantations Berhad

Acting and representing Genting Plantations Berhad in a dispute against a major producer of cement and aggregates, in relation to the latter’s failure to perform proper rehabilitation works on a quarry land measuring 119.846 acres, which resulted in various environmental and health issues. This case involves statutory ad contractual duties and the duty of care of a quarry operator, and may, if reported, set judicial precedent.

LCC Dengkil Palm Oil Mill Sdn Bhd

Advising and representing client in Court proceedings against one of the largest conglomerates in Malaysia for recovery of prime land and land titles.

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.

Penang Port Sdn Bhd v Rayston Consortium (Butterworth) Sdn Bhd

Represented Penang Port Sdn Bhd in an action for recovery of reclaimed land against a third party and a State Government. The reclamation works exceeds RM90 million and related to the development of 650 hectares of land. The issues in dispute included whether the dispute should be before arbitration proceedings which resulted in interlocutory applications under section 10 of the Arbitration Act 2005. Other issues in dispute included what constitutes “steps in proceedings” under the said Act. The issues in dispute were novel there are no Federal Court cases on the subject matter post Arbitration Act 2005.  The parties settled matters to avoid further litigation when the case reached the Federal Court in December 2019.

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.

London based investors And their related companies/US Pensions Plans

Advising and representing and appearing as Counsel for 4 London based investors and their related companies/US Pension Plans in 4 claims filed by a tax authority in Europe (“Tax Authority”) in the Commercial Court of England and Wales (High Court) for alleged cross border tax fraud. More than 100 Defendants were brought into the Suits, including various international financial brokerage firms and financial technology companies. The claim is part of a worldwide effort (including the United States, United Kingdom, United Arab Emirates, Malaysia and Luxembourg) by the Tax Authority to recover approximately EUR 2 billion paid out pursuant to withholding tax refund applications made between 2012 to 2015 (involving dividend arbitrage trading and the Double Taxation treaties between the respective country (of the applicants for withholding tax refunds) and the said European country), which the Tax Authority claims were unlawful and/or fraudulent.

LABUAN/OFFSHORE

Client/Deal Name

Brief Case Description

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.

Confidential

Advising and representing 2 London based shareholders of Labuan Companies (set up to conduct trading in listed equities and derivatives in Europe) in a claim by a tax authority In Europe (“Tax Authority”) for alleged cross border tax fraud. Thus far, more than 60 Defendants were brought into the Suit, including various Trust Companies in Labuan (an offshore financial centre) which manage the Labuan companies. The claim is part of a worldwide effort by the Tax Authority to recover approximately EUR 2 billion paid out pursuant to withholding tax refund applications (involving divided trading and the Double Taxation Agreements), which the Tax Authority claims were unlawful and/or fraudulent.

Labuan Financial Services Authority (Labuan FSA)

Conducting a forensic investigation and litigation due diligence for Labuan FSA (central regulatory, supervisory and enforcement authority of the Labuan International Business and Financial Centre (Labuan IBFC)), 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).

Labuan FSA

Advising and representing Labuan FSA, an offshore regulator, in defending a judicial review action commenced by an offshore Investment Bank and the directors of the said companies (“Applicants”). In essence, the subject matter of the judicial review action concerns civil enforcement action taken by Labuan FSA on grounds of money laundering and breach of the Labuan Financial Services and Securities Act 2010, and the relief sought in the judicial review action by the Applicants included (a) an Order of Certiorari to quash the Notices issued by Labuan FSA to disqualify the Applicants and to prohibit the offshore Investment Bank from taking on new banking business; and (b) a Declaration that Labuan FSA had acted ultra vires the Labuan statutes.

Labuan FSA

Represented Labuan FSA, an offshore regulator, in an Application for Judicial Review commenced by a Labuan O&G leasing company. The remedies sought in the Judicial Review Action included Orders for Certiorari to quash the various decisions made by Labuan FSA and a Declaration that certain Guidelines issued by Labuan FSA pursuant to the Labuan Financial Services Authority Act 1996 was ultra vires. The validity of the Guidelines issued by Labuan FSA was upheld by the Federal Court (the Apex Court of Malaysia).

Labuan FSA

Successfully represented Labuan FSA, an offshore regulator, in its civil enforcement action against numerous Labuan companies and their principal owners (based in Australia) for continuing to conduct Labuan trust company business after their licences had been revoked for mismanagement, where the Defendants were, inter alia, injuncted from carrying on unlawful activities and were further held accountable for the unlawful proceeds arising from the unlawful activities.

Labuan FSA

Acted for Labuan FSA, an offshore regulator, 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.

LIQUIDATION & INSOLVENCY

Client/Deal Name

Brief Case Description

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.

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.

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.

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.

Felda Wellness Corporation Sdn Bhd (FWC)

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

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.

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.

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.

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.

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.

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 multimillion dispute involves more than 3 experts and approximately 10 witnesses. The dispute originally commenced in or around 2005, culminating in Judgement in the High Court in April 2013, which was overturned on appeal by the Court of Appeal in November 2015, and sent back for re-trial. The re-trial of this matter is scheduled to commence in 2021/2022.  In addition, an application for striking out had been made against the Plaintiff on the basis that the Plaintiff had failed to obtain sanction from the liquidator in commencing the action against the Company – which issue is pending appeal before the Court of Appeal.

JCT Limited

Acted for an Indian textile manufacturer, in an action brought by the creditor and liquidator of another textile manufacturer for the recovery of a payment made to the client by a company that was facing financial difficulties, allegedly on fraudulent grounds and/or on the basis of undue preference. Issues in dispute included the doctrine of res judicata and/or estoppel, locus standi of the purported Plaintiff/Claimant and the doctrine of laches and/or limitation. The trial of this matter is scheduled to commence sometime in late 2021.

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.

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 warranties for 2,498 vehicles.

Confidential

Advising the largest electric utilities provider in Malaysia, in a potential claim against its Insurers under an Industrial All Risks Insurance Policy for loss and damage of property suffered after an incident at one of its Power Stations. Issues in dispute include contractual interpretation of certain provisions in the insurance policy which are ambiguous and the extent of the exclusion of “land” under the said insurance policy.  Other issues include the applicability of the “contra preferentum” legal principle and the meaning of “insurable interests”.  There are also potential issues in relation to the applicability of the arbitration clause.

Confidential

Acting as Co-Counsel in a dispute between insured and insurers arising from the breakdown of a steam turbine in a power plant resulting in losses to the insured of approximately USD80 million. The substantive issues in dispute relate largely to the meaning of “business interruption” under the policy, and whether there had been “break in the chain of causation” which potentially could limit the period of indemnity allowable under the policy. Other areas of dispute included the interpretation of the Power Purchase Agreement (entered into between the independent power producer and the largest electricity utility in Malaysia) which directly affected the calculation loss of revenue to the insured.

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

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

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.

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.

Tokio Marine Insurans (Malaysia) Berhad & Hyundai Marine & Fire Insurance Co., LTD Japan Branch

Advising and representing Insurance Companies in court proceedings on its reinsurance claims against a Tunisian Reinsurance Company registered in Labuan. At the same time, the said reinsurance company retaliated with a counterclaim for liabilities under the retrocession reinsurance policies. The said reinsurance company is one of the largest in Asia with extensive and presence in China, Korea, Japan, Thailand, Vietnam Taiwan and Malaysia, and the outcome of the court proceedings is being closely monitored by the regulatory authority in Labuan and the reinsurance industry.

Zurich Insurance Malaysia

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

Confidential

Advising the largest electric utilities provider in Malaysia and its subsidiaries, in a multimillion dispute arising out of a potential claim against its Insurer under an Industry All Risks and Machinery Breakdown Insurance Policy (Policy), for loss and damage suffered after an incident at one of its Power Stations. Issues in dispute include the contractual interpretation of the provisions under the Policy and interrelated contracts which provide potentially conflicting rights to different parties. Other issues include, amongst others, the effect of such conflicting clauses against the potential claim under the insurance policy and the issue of right of subrogation.

Confidential

Advising one of the largest national oil and gas company on several issues relating to insurance law, which also involved crafting arguments which would assist the client in making a claim for indemnity under a Construction All Risks Insurance Policy (Policy) amounting to approximately USD1.14 billion, in respect of the Atmospheric Residue Desulphurization Unit (Unit) which was yet to be tested, commissioned on the basis that it was similarly constructed/fabricated as another Unit. Other issues addressed include, inter alia, the interpretation of exclusion clauses under the Policy and the potential rebuttal arguments which may be used against the principles of “betterment”.

Asia Insurance Company Limited (Hong Kong)

Successfully represented one of the leading general insurers in Hong Kong (“Reinsurer”) in defending a court action commenced by Tune Insurance Malaysia Berhad (“Reinsured”).

This Suit is significant as it requires consideration of novel issues, such as the role/impact of the claims administrator in a reinsurance contract.

In this regard, our client, the Reinsurer, has successfully defended the Suit, where the High Court held in March 2022 that the breach of warranty conditions of the Reinsurance Contracts (particularly on the requirement of the claims administrator) by the Reinsured entitles the Reinsurer to repudiate its liability under the Reinsurance Contracts.

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.

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

Leveraging on the firm’s connections with the English Bar and the London legal market, the firm was instructed to represent 3 offshore companies in this “Titanic” contested divorce proceedings involving multiple jurisdictions between high net worth Malaysians (Pauline Siew Phin Chai v Tan Sri Dr. Khoo Kay Peng & Others [2017] EWHC 792 (Fam)). The 3 offshore companies, who were made parties to the divorce proceedings in England, were alleged to hold a significant amount of the net worth of the husband. A decision by the UK High Court was made in early April 2017 which was appealed against. The appeal of this matter was decided in December 2017. However, post judgment applications continued to be filed by both parties, and following the completion of the transfers of assets in England, we continued to be instructed in respect of the transfers of the assets in Australia and Canada, pursuant to the court judgment and relevant tax consequences, if any, on their disposal, and on an out of court renegotiation of the terms of the English judgment. The case has been reported internationally and described by the UK press as being one of Britain’s largest divorce settlements.

Foreign Embassy, Malaysia

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