{"id":1209,"date":"2015-02-26T16:44:42","date_gmt":"2015-02-26T08:44:42","guid":{"rendered":"http:\/\/alexchanglaw.com\/?page_id=1209"},"modified":"2018-11-14T12:24:12","modified_gmt":"2018-11-14T04:24:12","slug":"our-experience-dispute-resolution-litigation","status":"publish","type":"page","link":"https:\/\/alexchanglaw.com\/index.php\/our-experience-dispute-resolution-litigation\/","title":{"rendered":"Our Success Stories Experience in Dispute Resolution Litigation"},"content":{"rendered":"

Our Success Stories Experience<\/h2>\n

1 Write Off \u00a0RM74 Million Reduced to Nothing<\/h3>\n
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The court made an \u00a0assessment of damages to be paid by our clients at RM74 million. \u00a0 We convinced the court on appeal that RM74 million should be reduced to\u00a0\u00a0nothing<\/span>, \u00a0not even RM1 \u00a0see the Grounds of Decision:<\/span> LGB Engineering Sdn Bhd v Saiful Rais Bin Shaiks Salim and 2 Others<\/a><\/span><\/b> dated September 30, 2014. \u00a0It was also reported in the Malayan Law Journal: [2015] 9 MLJ 349.\u00a0<\/span><\/span>\n
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This decision was affirmed by the Court of Appea<\/em><\/strong>l vide W-03(IM)-77-07\/2014 on November 11, 2014. <\/span><\/span><\/li>\n
On June 18, 2015 the Honourable Federal Court<\/strong> dismissed the application for leave to appeal by the Plaintiffs.\u00a0 Therefore our clients are finally discharged from paying any damages<\/span>.<\/em>
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If Your Money Is Sitting In Your Debtors Bank Account, <\/span><\/a><\/h4>\n
click HERE to Recover them.<\/span><\/a><\/h4>\n
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2 Get something for nothing?\u00a0 Getting Out of the Get Out Clause…<\/h3>\n
Buy Back Clause In Joint Venture: Put Options In Shares<\/h3>\n
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How did our client got out of the get out clause of a Joint Venture Agreement? \u00a0See the Grounds of Decision:<\/span> N. Z. New Image Sdn Bhd v Loh Yok Liang<\/a> <\/span><\/b>dated August 5, 2014.\u00a0 <\/span><\/span>\n
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This decision was affirmed by the<\/em><\/span> Court of Appeal<\/span><\/em> vide W-02-1575-09\/2014 on March 31, 2015, see the Judgment dated July 25, 2016.<\/a> \u00a0 It was also reported in the Current Law Journal: [2016] 9 CLJ 474.
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This decision again was affirmed\u00a0 by the Federal Court<\/em><\/span> vide W-02(f)-62-09\/2015 on November 21, 2016, see the Judgment dated October 29, 2018<\/a>.<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n
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3 Rescuing a Wound Up Company<\/h3>\n
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Our clients were wound up based on a loan agreement signed by the major shareholder and former director. \u00a0 The\u00a0 loan agreement was\u00a0 not disputed by the\u00a0 borrower\/ our clients.\u00a0 \u00a0 See the Grounds of Judgment: Quintraz Sdn Bhd v Fore-Sight Marketing Sdn Bhd<\/a><\/strong> dated March 5, 2014.\n
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We took a totally different approach when we were instructed to appeal to the Court of Appeal.<\/li>\n
The\u00a0 Court of Appeal<\/em><\/span> vide W-02(NCC)(A)-466-03\/2014 dated August 14, 2014, reversed the high court order<\/em><\/span>. \u00a0\u00a0[maxbutton id=”3″]<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n
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4 Putting Two Directors To Jail For Not Following the Terms Agreed<\/h3>\n
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The Grounds of Judgment: <\/span>Bumitech Marketing Sdn Bhd v Suasa Efektif (M) Sdn <\/a><\/span><\/b>Bhd<\/span><\/b><\/a> dated May 10, 2012, \u00a0a case where two company directors were held in contempt of court and sentenced to<\/span> Two weeks’ imprisonment<\/span><\/b>.<\/span><\/b><\/span><\/li>\n<\/ul>\n
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5 Obtained Judgment Against Guarantor Even When Signature Disputed<\/h3>\n
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The Grounds of Judgment: <\/span>CCM Chemicals Sdn Bhd <\/span><\/b><\/a>v W<\/span><\/b><\/a>an <\/span><\/b><\/a>M<\/span><\/b><\/a>uhamad <\/span><\/b><\/a>I<\/span><\/b><\/a>brisam<\/span><\/b><\/a> W<\/span><\/b><\/a>an <\/span><\/b><\/a>I<\/span><\/b><\/a>brahim<\/span><\/b><\/a> dated May 23, 2011, \u00a0\u00a0[2011] 1 LNS 1011, on a case where the director claimed that he<\/span> did not sign the guarantee<\/span><\/strong>,<\/span><\/b> nevertheless a judgment was granted.<\/span><\/span><\/li>\n<\/ul>\n
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6 Winding up By Own Shareholder<\/h3>\n
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The Grounds of Judgment: <\/span>Choong Lee Kwang v Dayatera Roof Systems Sdn Bhd <\/span><\/b><\/a>dated July 24, 2009,\u00a0 [2009] 1 LNS 1718 \u00a0where a director initiated a <\/span>winding up\u00a0 action to wind up his own company, and was opposed by the other shareholders<\/span><\/b>. \u00a0<\/span><\/b><\/span><\/li>\n<\/ul>\n
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7 Winding Up of a Public Listed Company In Malaysia<\/h3>\n
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The Grounds of Judgment: <\/span>Vearrian Tanzania Ltd (Formerly known as Virian <\/span><\/b><\/a>Tanzania Ltd.) v CNLT (Far East) Berhad<\/span><\/b><\/a> dated January 16, 2009. The <\/span>Winding Up of a Public Company Listed in the Stock Exchange and the appointment of a provisional liquidator prior to the winding up order<\/span><\/b>,<\/span><\/b> by a team led by Mr Alex Chang.<\/span><\/span><\/li>\n<\/ul>\n
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8 Two Winding Up Petitions Competing for First Place<\/h3>\n
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FW Industries v Suitech<\/span><\/b><\/a> (the Original grounds written by the learned Judge Hishamudin), published in the Current Law Journal: [2008] 3 CLJ <\/span><\/b><\/span>210<\/span><\/span> . <\/span>Two petitions to wind up the same company,<\/span><\/b> our clients’ Petition was the second one and obtained the winding up order.<\/span><\/span><\/li>\n<\/ul>\n
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9 Fortuna Injunction to Stop Winding Up<\/h3>\n
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PECD V FREEHOLD<\/span><\/b><\/a> (the original grounds written by the learned Judge, \u00a0later a Judge of the Court of Appeal Dato Vincent Ng), published \u00a0in the Current Law Journal:\u00a0 [2008] 3 CLJ 215.\u00a0\u00a0 Where an <\/span>application to injunct our clients from filing a winding up Petition failed<\/span><\/b>. \u00a0<\/span><\/b><\/span>Visit <\/span>www.cljlaw.com<\/span><\/b><\/a> to download a copy. \u00a0[maxbutton id=”2″]<\/span><\/li>\n<\/ul>\n
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10 Guaranteed Payment<\/h3>\n
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How do you get “assurance” that when the court make an order, you can get \u00a0paid? \u00a0At times when the debtors do not comply with the court order what can you do? \u00a0<\/span><\/span>\n
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Therefore in this case \u00a0we inserted \u00a0a penal indorsement on an order purely for costs, so that we may compel the party paying costs to pay, if in\u00a0\u00a0default, to hold the person in contempt of court, which could \u00a0mean spending time in prison. \u00a0<\/span><\/span><\/li>\n
See the Groun<\/span><\/span>ds of Judgment: Yap Kit Wah & 30 Ors v Yap Kim Choon @ Yap Siw Sin & 2 Ors<\/a>\u00a0<\/strong> dated October 13, 2014<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n
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Writing Off RM74 million using a 50-inch TV <\/h3>Is the 50-inch twice the size of a 25-inch? How did we use this simple concept to Write…<\/a><\/li>\n
How a Guarantor Failed to Use A Police Report to Dispute his Signature <\/h3>CCM Chemicals Sdn Bhd v Wan Muhammad Ibrisam Wan Ibrahim Versi Bahasa Malaysia Facts This is a commentary…<\/a><\/li>\n
Fortuna Injunction PECD v Freehold Point Commentary by Eldarius Yong <\/h3>Fortuna Injunction PECD v Freehold Point [2008] 3 CLJ 215, Commentary by Eldarius Yong This is a case…<\/a><\/li>\n<\/ul><\/div>\n","protected":false},"excerpt":{"rendered":"
Our Success Stories Experience 1 Write Off \u00a0RM74 Million Reduced to Nothing The court made an \u00a0assessment of damages to be paid by our clients at RM74 million. \u00a0 We convinced the court on appeal that RM74 million should be reduced to\u00a0\u00a0nothing, \u00a0not even RM1 \u00a0see the Grounds of Decision: LGB Engineering Sdn Bhd v […]<\/p>\n","protected":false},"author":1804,"featured_media":0,"parent":0,"menu_order":34,"comment_status":"closed","ping_status":"open","template":"","meta":[],"_links":{"self":[{"href":"https:\/\/alexchanglaw.com\/index.php\/wp-json\/wp\/v2\/pages\/1209"}],"collection":[{"href":"https:\/\/alexchanglaw.com\/index.php\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/alexchanglaw.com\/index.php\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/alexchanglaw.com\/index.php\/wp-json\/wp\/v2\/users\/1804"}],"replies":[{"embeddable":true,"href":"https:\/\/alexchanglaw.com\/index.php\/wp-json\/wp\/v2\/comments?post=1209"}],"version-history":[{"count":62,"href":"https:\/\/alexchanglaw.com\/index.php\/wp-json\/wp\/v2\/pages\/1209\/revisions"}],"predecessor-version":[{"id":6534,"href":"https:\/\/alexchanglaw.com\/index.php\/wp-json\/wp\/v2\/pages\/1209\/revisions\/6534"}],"wp:attachment":[{"href":"https:\/\/alexchanglaw.com\/index.php\/wp-json\/wp\/v2\/media?parent=1209"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}