Malaysia (asialaw)

Work highlights 

Successfully defended Pestech Technology against Syarikat Pembenaan Yeoh Tiong Lay’s RM39.9 million performance bond demand in a dispute concerning the Gemas-Johor Bahru Electrified Double Track project. The case, which concluded in August 2024, progressed through the High Court, Court of Appeal and Federal Court following the main contractor's termination notice and subsequent attempt to call on the performance bond. The matter is significant due to its impact on a major public infrastructure project connecting Gemas to Johor Bahru. 

Key clients 

Exyte Malaysia, Pestech, Sabah Electricity 

Work highlights 

Successfully represented Zulazman bin Zulkifli in a landmark Federal Court appeal concerning minority oppression claims by Concrete Parade involving Apex Equity's merger and share buy-back exercises. The March 2024 ruling provided crucial interpretations of the Companies Act 2016, specifically on directors' disclosure duties, shareholders' pre-emptive rights, and the court's validation powers for non-compliant share buy-backs. The decision is significant for establishing precedent on corporate governance issues and minority shareholder rights under the Companies Act 2016. 

Key clients 

1Malaysia Development, MKD Signature, TMF Trustees Malaysia 

Work highlights 

Representing Jagasolutions and Red Ideas in a significant utility innovation infringement case that will help establish legal precedent for prior use defences in Malaysia. As defendants in this ongoing High Court matter, the case presents a crucial opportunity to shape the legal framework for utility innovation claims, particularly in the technology sector where such precedents remain limited. The matter is significant as it will help define thresholds for establishing prior use in Malaysian patent law. 

Key clients 

Bonia lnternational Holdings, Endeavor Standard, Firefly, Malaysia Airlines 

Work highlights 

Successfully represented RHB Bank before the Federal Court in a constructive dismissal case involving an international transfer dispute. The February 2024 ruling definitively established that the contract test, not a reasonableness test, is the primary consideration in constructive dismissal cases in Malaysia. The decision is significant as it aligns Malaysian employment law with other jurisdictions including England and Singapore, providing clarity on the legal framework for assessing constructive dismissal claims while rejecting the need for separate considerations of reasonableness, fairness and good faith. 

Key clients 

HSBC Bank Malaysia, Petroliam Nasional, Prisma Galeri 

Work highlights 

Successfully represented Kind Action in a landmark Federal Court tax dispute against the Inland Revenue Board concerning an RM81 million assessment. The unanimous Q4 2024 ruling established groundbreaking principles prohibiting double taxation under both Real Property Gains Tax Act and Income Tax Act for the same land transactions. The decision is significant as it overturned longstanding precedent by allowing estoppel against tax authorities, protecting taxpayers' legitimate expectations and clarifying that tax clearance certificates, once issued, are final and conclusive. 

Key clients 

Kind Action (M), Penang Development Corporation, Sime Darby Ara Damansara Development