Changing The Future, One Law At a Time

Our team has been involved in numerous high profile cases and represents prominent clients from across a variety of industries.:

  • Our lawyers have handled many high profile and sometimes landmark cases which have gone on to be reported. Here are some of them:

     

    • Anthony Lawrence Bourke & Anor v CIMB Bank Berhad [2017] 10 CLJ 167 – In a landmark decision widely reported in the media, the Court of Appeal overturned a High Court decision to find that a bank was liable for negligence towards our client, the borrower, despite the existence of an exclusion of liability clause. This case is now the authority for overriding exclusion clauses via usage of Section 29 Contracts Act 1950.

     

    • Protasco Berhad v Tey Por Yee [2017] 1 CLJ 543 – In a decision widely reported by the media, the Federal Court upheld the Court of Appeal’s decision to maintain lawyers’ protection against revealing client information by refusing to import North American jurisprudence into Malaysian law. Our client’s application to strike out such evidence was upheld.

     

    • Low Sook Yee v Galaxy Music Sdn Bhd [2013] 7 CLJ 514 – A breach of contract claim by a local artist against her management company. Won at High Court & affirmed by Court of Appeal. First time concept of unconscionable transaction was allowed to be used to prove a breach of contract.

     

    • Doretti Resources Sdn Bhd v Fitters Marketing Sdn Bhd & Ors [2017] 1 LNS 738 – Infringement of trademark & expungement of trademark case. Successfully raised defence of “first use” to expunge registered trademark by Plaintiff. Represented public listed group of companies. Won at High Court & affirmed by Court of Appeal.

     

    • Panglima Tentera Laut Diraja Malaysia v Simathri [2017] 3 CLJ 129 (Federal Court) – Although we lost, this case is now used as one of the leading precedents when interpreting how a new statute is to be read with an old abolished statute.

     

    • Xyris Enterprise v Chee Choon Yin & Ors [2013] 1 LNS 1215 – This case concerns important findings on sale and purchase agreements for homebuyers. The court upheld our client’s contention that just because a contract contained the term “subject to contract” it didn’t mean there was no concluded contract. The decision was affirmed by the Court of Appeal.

     

    • BMTT Corporation v CB Tech Sdn Bhd [2014] 2 CLJ 980 – Our client’s contention on construing terms of a letter of credit was accepted by the High Court. This decision was affirmed by the Court of Appeal and the Federal Court didn’t grant leave for further appeal.

     

    • Kanpeki Sdn Bhd v Joseph Mathews P M Mathews [2013] 1 LNS 1403 Professional negligence claim which we represented our client against his former solicitors for misuse of stakeholder’s money.

     

    Also see:

    Cheong Moo Chung v Reggae Holdings (M) Sdn Bhd [2013] 1 LNS 357

    Xyris Enterprise Sdn Bhd v Chee Choon Yin & Ors [2013] 1 LNS 1215

    Aik Bee Timbers (Sarawak) Sdn Bhd v Low Chee Hock & Ors [2016] 1 LNS 389

    BMTT Corporation Sdn Bhd v CBTech (M) Sdn Bhd [2014] 2 CLJ 980

    Tepat Intan Sdn Bhd v Mega First Corporation Berhad [2013] 1 LNS 1496

    Interactive Brokers LLC v Neo Kim Hock & Ors [2014] 8 CLJ 747

    Tenaga Nasional Berhad v Jeffry Hassan & Anor [2016] 1 LNS 1731

    Protasco Bhd v PT Anglo Slavic Utama & Ors [2015] 1 LNS 1363

    Rafan Holdings Sdn Bhd v Chip Lam Seng Sdn Bhd [2015] 1 LNS 265

    Bestino Group Berhad v Chong Yuk Ming & Yang Lain [2018] 1 LNS 98

    • Created new law by winning a landmark case against CIMB Bank Berhad at the Court of Appeal, by successfully arguing that a bank’s standard exclusion clause cannot be used to protect a bank who has been negligent in the conduct of their duties.

     

    • Won a landmark decision at the Federal Court involving alleged breach of solicitors-client privilege.

     

    • Counsel for and solicitors of two of the companies in the Silverbird Group Berhad multi-million dollar corporate dispute trial.

     

    • Successfully represented individual and corporate litigants in negligence claims against prominent local and international banks, with landmark decisions in appellate courts.

     

    • Solicitors and Counsel for a major contributory in the Gula Perak Berhad liquidation, with active involvement in the scheme of arrangement and restraining order-related activities both pre and post liquidation.

     

    • Counsel and solicitors in the injunction application against Malaysian interests in the alleged Singapore share manipulation incident involving Blumont Group, Asiasons Capital and Liongold Corp.

     

    • Counsel for Dato’ Tey Por Yee in the ongoing Protasco Berhad dispute revolving around a Pertamina oil filed concession in Aceh, Indonesia.

     

    • Counsel and solicitor for the liquidator of Metroplex Berhad in post-liquidation litigation which includes, amongst others, the structuring and implementation of a scheme of compromise with majority of the major secured creditors.

     

    • Solicitors for Liquidator of Chip Lam Seng Sdn Bhd in a liquidation dispute.

     

    • Solicitors and Counsel for a party in an on-going derivative action involving shareholders of Segamat Oil Mill & Plantation Sdn Bhd and Kilang Kelapa Sawit Selumpur Sdn Bhd.

     

    • Counsel and solicitors for directors in the Felda Group Ventures takeover of Pontian United Plantations Berhad case.

     

    • Counsel and solicitors in the RM146 million claim by gold investors in Genneva Malaysia Sdn Bhd.

     

    • Counsel and solicitors for minority shareholders in derivative action involving 6,400 gold investors in Bestino Berhad case.
    • On the panel of solicitors and Counsel for Kian Hon Group of Companies, prominent tyre manufacturers and suppliers, in assorted debt recovery claims.

     

    • On the panel of solicitors and Counsel for Unimetsu Consultancy and Prinsip Johan Sdn Bhd, under the same group, who specializes in supply of manpower and human resource, in assorted debt recovery claims.

     

    • On the panel of solicitors and Counsel for Petron, who is in the upstream petroleum industry, in assorted debt recovery claims.

     

    • On the panel of solicitors and Counsel for Exsim Sdn Bhd, who are property developers, in assorted debt recovery and other litigation claims.

     

    • On the panel of solicitors and Counsel for ISG Sdn Bhd, suppliers of laminated glass, in assorted debt recovery and other litigation claims.

     

    • On the panel of solicitors and Counsel for Amsteel Berhad, one of the biggest steel manufacturers in Malaysia, in assorted debt recovery claims.

     

    • Solicitors and Counsel for the Malaysian Bar Council for assorted debt recovery claims.

     

    • Solicitors for contractual dispute suit worth over RM40million involving Tekun Nasional and Plenitude Drive Sdn Bhd
    • On the panel of solicitors for Fitters Group of Companies, led by the public listed Fitters Diversified Berhad.

     

    • Counsel and solicitors for 2 companies in the Fitters Group of Companies involved in trademark infringement dispute, trademark expungement application and trade description dispute ranging from civil court to criminal court.

     

    • Advised Rockwills in a few trademark, copyright and franchise agreement infringement.
    • Regularly acts as solicitors and Counsel for Rockwills Trustee Berhad on several contentious trust and administration matters ranging from Sessions to High Court involving debt recovery to contesting of wills to challenges to administration.

     

    • Solicitors for inter-family land fraud matter originating from the High Court and subsequently decided favourably at the Federal Court

     

    • Solicitors and Counsel for a repossession brief involving a public listed entity against several tenants of a prominent shopping mall.

     

    • Solicitors and Counsel for an inter-family land dispute worth in excess of RM70 million.
    • Counsel and solicitors for a shipping sub-contractor in a RM70 million shipping negligence claim on board a military vessel.

     

    • Counsel and solicitors for local artiste Suki Low in a contractual dispute against her management company.

     

    • Solicitors for a prominent market leader in the tudung/selendang industry in a defamation case.

     

    • Counsel and solicitor for holding company and managing director of Reggae Mansion in various litigation

     

    • Counsel and solicitors for Warner Music Malaysia in assorted debt recovery and contentious matters
    • Acted as Counsel in a habeas corpus application involving Parti Sosialis Malaysia members pursuant to mass arrests and detention.

     

    • Counsel and solicitors for several villagers who obtained injunction against development works in the Tanah Rata area of Cameron Highlands.

     

    • Solicitor and lead counsel for the ‘PSM 6’ case which saw the Government of Malaysia and the Royal Malaysian Police paying out damages to clients for having wrongfully arrested and detained them pursuant to the Emergency Ordinance.

     

    • Counsel and solicitors for a parent of a special needs child against a retail corporation which created law in the sphere of false imprisonment and raised awareness on the lack of rights against discrimination for the disabled child.
    • Advised, structured and drafted a standardised Production Agreement for Persatuan Penerbit Filem Iklan Malaysia (“PPFIM”) which was approved by MIM and currently in use, industry-wide, for all advertisement productions in Malaysia.

     

    • Solicitors and advisors for PPFIM in various matters pertaining to the entertainment industry.

     

    • General & ad hoc advisory work for multinational companies, mining and heavy industries.

     

    • Involved in a patent pharmaceutical case where the validity of the claims in the Malaysian patent were called in question due to the fact that the equivalent patent had been invalidated in the UK courts.

     

    • Drafting and advisory work for development projects between a local entity and JV partners from British Virgin Isles

     

    • Advised a trust investment arm of a prominent financial institution on unit trust related disputes with another financial institution and tax advisors from prominent accounting firm.

     

    • Solicitors and Counsel for jurisdictional dispute in relation to the High Court of Borneo in the on-going case of Gnosis Laboratories v Lau Siew Yiong

     

    • Solicitors and Counsel for East Malaysian-based litigation between Aik Bee Timbers Sarawak and Lau Chee Hock and others involving timber concession

     

    • Counsel and solicitors for international arbitration matter involving stock manipulation arising from the Singapore Stock Exchange
    • Counsel and solicitors against LTT Development Sdn Bhd in stopping construction project in Cameron Highlands based on, inter alia, the Street Drainage and Building Act 1974; Town & Country Planning Act 1976; Environmental Quality Act 1974; and Garis Panduan Pembangunan Di Kawasan Bukit and/or Garis Panduan Kawalan Hakisan dan Kelodakan.

     

    • Legal advisor, solicitor and Counsel for Pentas Flora Sdn Bhd (an environmental waste management company) on environmental law matters including criminal charges brought against it under the Environmental Quality Act 1974

     

    • Counsel and solicitors against Tenaga Nasional Berhad to stop a 6,000 hectare dam project in Kampung Telom, Kampung Pos Lanai, on inter alia grounds that it didn’t comply with the requirements under the Environmental Quality Act 1974