What We Do

Corporate & Commercial Disputes

The team’s services in this area include matters involving breach of contracts, shareholder disputes, breach of fiduciary duties by directors and senior employees, derivative actions, and moneylending disputes.

Selected Experience

• Acted for directors of a joint-venture company in respect of a claim brought by the company that arose from the ‘Littoral Combat Ship’ project under the Malaysian Ministry of Defence against them for breach of fiduciary duties, dishonest assistance and a conspiracy to injure the joint-venture company.
• Acting for a geotechnical engineering company in defending a claim amounting to RM17 million for negligence in the testing of bored piles.
• Acted for a high net worth individual in a claim against a private equity firm in relation to various conventional and Islamic facilities amounting to RM275 million and securities for breach of the Moneylenders Act 1951.
• Acted for a healthcare company and its shareholder in respect of a claim brought by a potential investor for specific performance of term sheets for the subscription of redeemable preference shares in the healthcare company amounting to RM102.5 million.
• Advised and acted for a listed lingerie and manufacturing company in respect of a potential offence under the Capital Markets and Services Act 2007 by various shareholders for failure to make mandatory offer for the remaining shares of the company.
• Acted for one of the largest manufacturers of candy and sweets in Malaysia against various banks for breach of Quincecare duty in relation to the drawdown of the company’s trade facilities.
• Acted for shareholders to resist applications for court-ordered general meetings pursuant to Section 314 of the Companies Act 2016.

Civil Fraud

The team acts for both plaintiffs and defendants in this practice area. We have been instructed in significant fraud matters and collaborated with forensic investigators to carry out thorough investigations. The team has considerable experience in obtaining and resisting interim injunctions such as asset freezing injunctions and search orders.

Selected Experience

• Acted for a defendant in a civil enforcement action by the Securities Commission for disgorgement and civil penalties amounting to RM171 million relating to the prohibited conduct of using manipulative and deceptive devices pursuant to the Capital Markets Services Act 2007 to defraud a public listed company.
• Acted for a sub-contractor in a claim of approximately RM11 million against a main contractor of a luxury apartment project and its directors for fraud, fraudulent trading and unjust enrichment.
• Acting for a plantation company in a claim amounting to RM13 million against a co-operative society for fraudulent misrepresentation in relation to the company’s entry into an agreement to lease estate land.
• Acted for one of the world’s largest glove manufacturers in a claim amounting to RM633 million against a private equity firm and other individuals in relation to the acquisition of a surgical glove company for RM1.37 billion in Malaysian court proceedings and arbitration convened under the Rules of Singapore International Arbitration Centre. The claim was for fraudulent misrepresentation of the target surgical glove company’s past financial performance by the vendor and other individuals involved in the negotiations leading up to the acquisition.
• Acted for one of the largest manufacturers of candy and sweets in Malaysia against a former director in a claim amounting to RM85 million for fraudulently drawing down the company’s trade credit facilities and siphoning these monies to a public company which was in liquidation.
• Acting for companies in breach of fiduciary duty claims against directors and senior management for amongst others, exploiting corporate opportunities for themselves and setting up companies in competing businesses.

Banking Litigation

The team has experience defending high-value claims by banks in relation to various facilities including Islamic banking facilities.

Probate and Estate Disputes

The team acts in contentious probate and estate disputes such as matters relating to interpretation of wills, removal of executors and administrators of estates for conflict of interests and actions in contesting validity of wills.

Debt Recovery

The team has experience in debt recovery, including obtaining judgments for outstanding sums and enforcing them through bankruptcy actions, winding-up petitions, garnishee proceedings, judgment debtor summons and other measures.

Other Areas

The team also manages a range of other civil disputes, including defamation claims and construction disputes.

Advisory

The team provides general advisory services on corporate governance matters, including guidance on the procedures and requirements for shareholders’ and directors’ meetings as well as voting rights.