Notable Cases

Notable Cases

Kuala Lumpur High Court Writ of Summons No. 22NCC-976-06/2012 Carigali-PTTEPI Operating Company Sdn Bhd v Bank Muamalat Malaysia Berhad Court of Appeal Civil Appeal No. W-02(IM)(MUA)-2623-11/2012

The firm successfully defended the application for summary judgment both at the High Court and the Court of Appeal in relation to a demand made by the Plaintiff for payment under a Performance Bond for a sum of RM29,845,400-00. The matter was remitted to High Court for full trial. However, the parties mediated the matter and reached an amicable settlement.

ML Breadworks Sdn Bhd V. Malayan Banking Bhd (2013) 1 CLJ 833

The firm successfully represented the Plaintiff which filed a claim for fraudulent withdrawal of funds from its bank account. The High Court held that the bank ought to repay a sum of RM383,769.33 that was fraudulently withdrawn from the Plaintiff's account due to the forging of cheques belonging to the Plaintiff by a former employee.

Bank Perusahaan Kecil & Sederhana Malaysia Berhad V. Uniti Films Sdn Bhd (2011) I LNS 601

The firm acted for the Plaintiff in a suit whereby the Plaintiff sought relief from the High Court to declare that the termination of a loan facility by the bank was valid in law. The Defendant commenced a counter claim against the bank seeking among others declaration that the termination of the loan facility is bad in law and claimed damages approximately RM41,500,000-00. The firm successfully obtained judgment in favour of the Plaintiff and also struck out the Defendant's counter claim. The Defendant's appeals to the Court of Appeal were also struck out.

Wan Muhamad Ibrisam Wan Ibrahim & Ors V. Opal Pyramid Sdn Bhd (2009) 1 CLJ 201

The Court of Appeal allowed the appeal lodged by the firm and ordered security for costs to be furnished by the Respondent. In allowing the appeal, the Court of Appeal re-stated the principles on the granting of security for costs involving corporations and which applications are made pursuant to the Companies Act 1965.

Vijaya Kumar Vasudeavan & 5 OrsV. Majlis Perubatan Malaysia & 4 Ors (2008) 1 CLJ 57

The firm, acting for a local apex university, successfully struck out a claim brought by 29 gradutaes from unscheduled universities who were not granted licences to practise as medical doctors. The graduates raised statutory and constitutional points to substantiate their claim. The High Court considered the claims to be scandalous, frivolous and vexatious.

Johari Hassan V. Salwan Corporation Berhad & 3 Ors (2008) 1 LNS 343

The firm succeeded in striking out the claim of the Plaintiff against all 4 Defendants. The claim filed by the Plaintiff was premised upon undue influence and misrepresentation. The High Court held the claim to be frivolous, vexatious and an abuse of the process of court.

Bank Pembangunan Malaysia Berhad V. Mensilin Holdings Sdn Bhd & Ors (2015) 1 LNS 442

The firm successfully obtained summary judgment for a local bank for a sum of approximately RM30,000,000.00 under Islamic Banking facilities.

AirAsia Bhd V. Rafizah Shima Mohamed Aris (2015) 2 CLJ 510

The firm successfully appealed a decision against a low cost airline where it was held that the airline concerned was not in breach of either the fundamental liberties provisions in the Federal Constitution or the Convention on the Elimination of All Forms of Discrimination against Women ('CEDAW') when it terminated the training course of an employee due to the employee's pregnancy. This was the first such case decided by an appellate court in this country.

Bank Pembangunan Malaysia Berhad V. Kosmo Seraya Sdn Bhd & Yang Lain (2014) 1 LNS 207

The firm successfully obtained summary judgment for a local bank for a sum of approximately RM41,000,000.00 under Islamic Banking facilities.

Astacanggih Sdn Bhd V. Kerajaan Malaysia & Ors (2012) 1 LNS 1101

The firm successfully struck out a claim against a company incorporated by the Malaysian Finance Ministry where the Plaintiff claimed that there was a conspiracy by the company concerned to injure the Plaintiff by defrauding or misrepresenting to the Plaintiff that certain Lands would be transferred to nominee company of the Plaintiff.