Corporate and Commercial Law
The firm has the advantage of broad experience in diverse practice areas, which lends to its highly effective multi-disciplinary approach. Its appellate practice, and the regular appearances in the Court of Appeal and the Federal Court that this entails, places it at the forefront of legal developments.
Notable cases include:
- UEM Group Bhd v Genisys Integrated Engineers Pte Ltd & Anor [2010] 9 CLJ 785. Federal Court decision on the evaluation of evidence and the appropriate remedies.
- Mirza Mohamed Tariq Beg Mirza HH Beg v Margaret Low Saw Lui & Ors [2014] 1 LNS 1370. Court of Appeal decision on the jurisdiction of the High Court to de novo proceedings. Decision was subsequently reversed by the Federal Court in Mirza Mohamed Tariq Beg Mirza HH Beg v Margaret Low Saw Lui & Ors, Civil Appeal No: 02(f)-66-09/2013(W).
- Firstcrest Global Ltd & Ors v Indexia Assets Ltd & Ors and Another Appeal [2006] 3 CLJ 860. Court of Appeal of decision concerning litigation involving the take-over of a public interest company.
- Datuk Johari Abdul Ghani & Ors v QSR Brands Bhd & Ors [2007] 4 MLJ 19. Court of Appeal decision on the injuncting of shareholder meetings.
- AmBank (M) Bhd & Ors v Lim Sue Beng [2019] 7 CLJ 289. Federal Court decision on the validity of amendments to a bankruptcy notice and creditor’s petition.
- Francis A/L Augustine Pereira v Wee Khen Peng & 179 Ors [2014] 1 CLJ 161. Federal Court decision on the validity of scheme of arrangement involving classes of creditors.
- Chai Yen Chong & Ors v Shencourt Properties Sdn Bhd & Ors [2012] 1 LNS 591. Court of Appeal decision on undue preference under section 223, Companies Act 1965. The Federal Court affirmed the decision in Chai Yen Chong & Ors v Shencourt Properties Sdn Bhd & Ors, Civil Appeal No: 01(f)-1-03/2013(W).
- Tan Keen Keong v Tan Eng Hong Paper & Stationery Sdn Bhd & Ors [2021] 2 CLJ 318. Federal Court decision on the winding-up of company on the just and equitable ground.
- Datuk M Kayveas v See Hong Chen & Sons Sdn Bhd & Ors [2014] 4 MLJ 64. Federal Court decision on constructive trusts and unconscionability.
- Pioneer Haven Sdn Bhd V Ho Hup Construction Company Bhd & Anor and Other Appeals [2012] 5 CLJ 169. Court of Appeal decision on the disposition of property under section 132C, Companies Act 1965. The matter was settled after leave to appeal to the Federal Court was granted.
- CIMB Bank Bhd v Maybank Trustees Bhd & Other Appeals [2014] 3 CLJ 1. Federal Court decision on a bond issuance and the obligations of parties involved in bond issuance exercises.
- Perdana Petroleum Bhd v Tengku Dato’ Ibrahim Petra Tengku Indra Petra & Ors [2022] 1 CLJ 725; This is a Court of Appeal decision concerning the enforceability of a provision for the indemnification of directors found in the articles of association of the appellant company.
- Yam Kong Seng & Anor v Yee Weng Kai [2014] 4 MLJ 478. Federal Court decision on acknowledgements of debt by short messaging services under the Limitation Act 1953.
- Ricky Thong Yew Fook & Anor v Arab Malaysian Bank Bhd [2010] 9 CLJ 905. Federal Court decision on the duties of banks concerning housing development accounts.
- Chang Yun Tai & Ors v HSBC Bank (M) Bhd & Other Appeals [2011] 7 CLJ 909. Federal Court decision on the entitlement of banks to recover debt under agreements said to be illegal.
- Solid Investments Ltd v Alcatel-Lucent (M) Sdn Bhd (previously known as Alcatel Network Systems (M) Sdn Bhd) [2014] 3 MLJ 785. Federal Court decision on accounting parties and the legal implications of “entire agreement” clauses.
- JRI Resources Sdn Bhd v Kuwait Finance House (Malaysia) Bhd [2019] 5 CLJ 569. Federal Court decision on the vesting of judicial power on the Shariah Advisory Council. This was the first appeal to be argued before a panel of nine judges and is significant for its impact on the Islamic financial industry and involvement of constitutional questions of importance.
- Tan Sri Abdul Khalid Ibrahim v Bank Islam Malaysia Bhd [2013] 4 CLJ 794. Court of Appeal decision pertaining to the need for the High Court to refer questions concerning Shariah matters to the Shariah Advisory Council. The matter was settled after leave to appeal to the Federal Court was granted.