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:
- 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.
- Scomi Group Bhd v Malayan Banking Berhad & 2 Ors (Court of Appeal Civil Appeal No. W-02(A)-1879-10/2021) (unreported). Court of Appeal decision concerning the statutory interpretation of sections 403(b) and 409(b), Companies Act 2016, namely whether a public listed company is entitled to available itself of judicial management as a corporate rescue mechanism and whether a secured creditor has the right to veto a judicial management application.
- Goldpage Assets Sdn Bhd v Gan Kam Seng & 32 Others [2021] 9 MLJ 618. High Court decision concerning an application for judicial management pursuant to section 405, Companies Act 2016. This decision is related to the decision in Goldpage Assets Sdn Bhd v Unique Mix Sdn Bhd [2020] 1 CLJU 18, where the High Court considered the locus standi of proposed interveners to a judicial management application.
- 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.
- Sibu Slipway Sdn Bhd v Yii Chee Ming & Ors And Other Appeals [2017] 6 CLJ 507. Court of Appeal decision concerning the inherent jurisdiction of the winding-up court to set aside, rescind or grant a permanent stay of winding-up 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).
- Datuk Johari Abdul Ghani & Ors v QSR Brands Bhd & Ors [2007] 4 MLJ 19. Court of Appeal decision on the injuncting of shareholder meetings.
- 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.
- Trudy Ranjini Ganendra v Dennis Ganendra & Anor [2022] CLJU 3338. High Court decision on interlocutory applications by the plaintiff to join additional defendants and seek an injunction in minority oppression proceedings. On appeal to the Court of Appeal, the Court of Appeal allowed the joinder application but affirmed the judgment of the High Court in dismissing the injunction application.
- Detik Ria Sdn Bhd & Anor v Prudential Corporation Holding Ltd & Anor [2022] 10 CLJ 171. Court of Appeal decision on the interpretation of section 67 of the Insurance Act 1996 and whether prior approval of the regulating authority was required to enter into a call/put option agreement for the sale and purchase of shares in a company.
- 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).
- 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.
- Protasco Bhd v PT Anglo Slavic Utama & Ors [2023] MLJU 2435. High Court decision in a claim for breach for breach of fidicuary studies and statutory duties as directors, deception, fraud and conspiracy to defraud. The decision of the High Court is pending appeal.
- 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.
- Ong Leong Chiou & Anor v Keller (M) Sdn Bhd & Ors [2021] 4 CLJ 821. Federal Court decision which clarified that a court is entitled to disregard corporate personalities by reason of fraud alone without the need to invoke the doctrine of lifting/piercing of the veil.
- Dato’ Prem Krishna Sahgal v Muniandy a/l Nadasan & Ors [2018] 2 MLJ 693. Federal Court decision concerning fraudulent trading under the Companies Act 1965, in particular, whether an employee who makes a claim of statutory contributions is entitled to make a claim as a creditor under section 304(1) of the Companies Act 1965.
- Gurbachan Singh Bagawan Singh & Ors v Vellasamy Pennusamy & Other Appeals [2015] 1 CLJ 719. Federal Court decision which clarified the nature of fiduciary relationship and the obligations of fiduciaries, as well as fraud, and the lifting/piercing of the corporate veil. This decision is related to another Federal Court decision in Gurbachan Singh Bagawan Singh & Anor v Vellasamy Pennusamy & Ors [2012] 2 CLJ 663, which concerned the review jurisdiction of the Federal Court.
- Datuk M Kayveas v See Hong Chen & Sons Sdn Bhd & Ors [2014] 4 MLJ 64. Federal Court decision on constructive trusts and unconscionability.
- 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.
- 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 fiduciary relationships between accounting parties, and the legal implications of “entire agreement”.
- 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.
- 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.
- 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.
- 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.
- 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.