Our Success Stories Experience
1 Write Off RM74 Million Reduced to Nothing
- The court made an assessment of damages to be paid by our clients at RM74 million. We convinced the court on appeal that RM74 million should be reduced to nothing, not even RM1 see the Grounds of Decision: LGB Engineering Sdn Bhd v Saiful Rais Bin Shaiks Salim and 2 Others dated September 30, 2014. It was also reported in the Malayan Law Journal: [2015] 9 MLJ 349.
- This decision was affirmed by the Court of Appeal vide W-03(IM)-77-07/2014 on November 11, 2014.
- On June 18, 2015 the Honourable Federal Court dismissed the application for leave to appeal by the Plaintiffs. Therefore our clients are finally discharged from paying any damages.
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2 Get something for nothing? Getting Out of the Get Out Clause…
Buy Back Clause In Joint Venture: Put Options In Shares
- How did our client got out of the get out clause of a Joint Venture Agreement? See the Grounds of Decision: N. Z. New Image Sdn Bhd v Loh Yok Liang dated August 5, 2014.
- This decision was affirmed by the Court of Appeal vide W-02-1575-09/2014 on March 31, 2015, see the Judgment dated July 25, 2016. It was also reported in the Current Law Journal: [2016] 9 CLJ 474.
- This decision again was affirmed by the Federal Court vide W-02(f)-62-09/2015 on November 21, 2016, see the Judgment dated October 29, 2018.
- This decision was affirmed by the Court of Appeal vide W-02-1575-09/2014 on March 31, 2015, see the Judgment dated July 25, 2016. It was also reported in the Current Law Journal: [2016] 9 CLJ 474.
3 Rescuing a Wound Up Company
- Our clients were wound up based on a loan agreement signed by the major shareholder and former director. The loan agreement was not disputed by the borrower/ our clients. See the Grounds of Judgment: Quintraz Sdn Bhd v Fore-Sight Marketing Sdn Bhd dated March 5, 2014.
- We took a totally different approach when we were instructed to appeal to the Court of Appeal.
- The Court of Appeal vide W-02(NCC)(A)-466-03/2014 dated August 14, 2014, reversed the high court order. [maxbutton id=”3″]
4 Putting Two Directors To Jail For Not Following the Terms Agreed
- The Grounds of Judgment: Bumitech Marketing Sdn Bhd v Suasa Efektif (M) Sdn Bhd dated May 10, 2012, a case where two company directors were held in contempt of court and sentenced to Two weeks’ imprisonment.
5 Obtained Judgment Against Guarantor Even When Signature Disputed
- The Grounds of Judgment: CCM Chemicals Sdn Bhd v Wan Muhamad Ibrisam Wan Ibrahim dated May 23, 2011, [2011] 1 LNS 1011, on a case where the director claimed that he did not sign the guarantee, nevertheless a judgment was granted.
6 Winding up By Own Shareholder
- The Grounds of Judgment: Choong Lee Kwang v Dayatera Roof Systems Sdn Bhd dated July 24, 2009, [2009] 1 LNS 1718 where a director initiated a winding up action to wind up his own company, and was opposed by the other shareholders.
7 Winding Up of a Public Listed Company In Malaysia
- The Grounds of Judgment: Vearrian Tanzania Ltd (Formerly known as Virian Tanzania Ltd.) v CNLT (Far East) Berhad dated January 16, 2009. The Winding Up of a Public Company Listed in the Stock Exchange and the appointment of a provisional liquidator prior to the winding up order, by a team led by Mr Alex Chang.
8 Two Winding Up Petitions Competing for First Place
- FW Industries v Suitech (the Original grounds written by the learned Judge Hishamudin), published in the Current Law Journal: [2008] 3 CLJ 210 . Two petitions to wind up the same company, our clients’ Petition was the second one and obtained the winding up order.
9 Fortuna Injunction to Stop Winding Up
- PECD V FREEHOLD (the original grounds written by the learned Judge, later a Judge of the Court of Appeal Dato Vincent Ng), published in the Current Law Journal: [2008] 3 CLJ 215. Where an application to injunct our clients from filing a winding up Petition failed. Visit www.cljlaw.com to download a copy. [maxbutton id=”2″]
10 Guaranteed Payment
- How do you get “assurance” that when the court make an order, you can get paid? At times when the debtors do not comply with the court order what can you do?
- Therefore in this case we inserted a penal indorsement on an order purely for costs, so that we may compel the party paying costs to pay, if in default, to hold the person in contempt of court, which could mean spending time in prison.
- See the Grounds of Judgment: Yap Kit Wah & 30 Ors v Yap Kim Choon @ Yap Siw Sin & 2 Ors dated October 13, 2014
Writing Off RM74 million using a 50-inch TV
Is the 50-inch twice the size of a 25-inch? How did we use this simple concept to Write…How a Guarantor Failed to Use A Police Report to Dispute his Signature
CCM Chemicals Sdn Bhd v Wan Muhammad Ibrisam Wan Ibrahim Versi Bahasa Malaysia Facts This is a commentary…Fortuna Injunction PECD v Freehold Point Commentary by Eldarius Yong
Fortuna Injunction PECD v Freehold Point [2008] 3 CLJ 215, Commentary by Eldarius Yong This is a case…