Litigation
Commercial litigation
Fraud Claims
General Fraud Claims
There are various types of fraud claims. We have represented/advised individuals/entities in either initiating or defending against (all) such general fraud claims at all levels of the Malaysian courts.
Forgery/Fabrication
Forgery involves the creation of false documents, such as cheques or contracts, with the intent to deceive others. Fabrication involves altering existing documents, for instance invoices or receipts, to make them appear legitimate. Both forms of fraud can have serious legal and financial implications for the individuals or entities involved, including potential criminal charges and civil lawsuits. We have represented/advised individuals/entities in either initiating or defending against (all) such general fraud actions at all levels of the Malaysian courts.
Concealment
When one or more parties to conceals a material fact with the intent to deceive the other party in a manner that causes them detriment. We have represented/advised individuals in either bringing/defending against (all) such actions at all levels of the Malaysian courts.
Constructive Fraud
Involves certain forms of unintentional deception or misrepresentation. The concept is selectively applied by equity to those cases in which the courts will not enforce or will set aside certain transactions because it is considered unfair or unconscionable for a party to insist on the transaction being completed. We have represented/advised individuals in either bringing/defending against (all) such actions at all levels of the Malaysian courts.
Contractual Claims
Breach of Contract
When one or more parties to a contract fails to perform/fulfil their obligations as agreed under a valid and enforceable contract. The Firm assists in initiating a claim by drafting a Letter of Demand and subsequently filing relevant actions in court (if necessary) to recover damages/seek other remedies for the breach.
Alternatively, the Firm also assists in negotiating a settlement or presenting a defense to the alleged breaches. Conversely, the Firm also assists in responding to a Letter of Demand, negotiating a settlement, or acting for the Defendant/Respondent in presenting a defense to the alleged breaches.
Specific Performance
A legal remedy that requires a party to fulfill their contractual obligations according to the terms agreed upon in the contract, often used when monetary compensation is not a sufficient remedy, elements of which are contained in the Specific Reliefs Act 1950. The Firm assists in initiating/defending/responding to claims for specific performance in a manner that compels/prevents the fulfilment of the act(s)/obligation(s) in question.
Recission/Restitution
Legal remedies that allows a party to either terminate a contract due to a material breach or misrepresentation, or seek compensation on a gains/benefit based assessment. The Firm assists/represents parties in initiating/defending/responding to claims for rescission for parties seeking to terminate a contract and recover any damages suffered.
Quantum Meruit
A legal remedy that allows a party to recover a reasonable value for services rendered in the absence of a contract. The Firm assists/represents parties in initiating/defending/responding to claims for quantum meruit to recover the reasonable value of the services rendered.
Professional Negligence
Professional Misconduct
Refers to conduct that falls below the standards of professionalism, causing harm or loss to the client/customer. We assist individuals/entities who have suffered loss as a result of professional misconduct, initiating claims and filing complaints with the relevant authorities against the professional.
Negligent Misrepresentation
Occurs when a professional provides incorrect or misleading information/statements, which is relied upon by the party who then suffers harm or loss as a result. The Firm assists clients who have suffered loss due to such misrepresentations by initiating a claim against the responsible professional. Conversely, we also assist professionals defend against claims of negligent misrepresentation by providing legal representation and/or negotiating a settlement.
Defamation
Social Media Defamation
Social media has become a pervasive part of modern society, and it has given rise to a new form of defamation. It refers to false and defamatory statements that are made on social media platforms such as Facebook, Twitter, Instagram, and LinkedIn, TikTok, WeChat etc. The Firm assists/represents parties in initiating/defending/responding to claims to recover damages and/or compel public apologies/clarification.
Trade Libel (Product/Trade Disparagement)
Occurs when a false and defamatory statement is made about a business’s product or service, with the intention of causing harm to the business. The Firm assists/represents parties in initiating/defending/responding to claims to recover damages and/or compel public apologies/clarification.
Breach of Confidentiality/Trade Secrets
Refers to a situation where a party breaches the duty of confidentiality owed or divulges trade secret belonging to an entity, causing harm or loss. We assist parties who have suffered loss as a result of such a breach, by helping them initiate a claim in Court against the party responsible for the breach. Similarly, the Firm also assists/represents parties to defend against claims for breach of confidentiality/trade secrets.
Civil Procedure
The role of interlocutory applications and pre-emptory relief differ according to circumstance. The Firm provides advice and execution catered to your circumstances, but it is important to note that interlocutory applications and pre-emptory relief has seperate cost considerations in relation to the proceedings as a whole. They are, however, essential in protecting your rights and interests, particularly in urgent situations where immediate action is needed. The Firm has represented clients in initiating/contesting various interlocutory applications and pre-emptory relief at all levels of Malaysian Courts.
Wills, Estate & Contentious Probate
Disputes related to wills, estates, and contentiuous probate matters include issues related to the distribution of assets, inheritance, ownership, etc. The firm facilitates the process and negotiates with other beneficiaries or heirs to reach a resolution that is agreeable to all parties. We also assist in challenging the validity of a will if it was created under duress, fraud, or undue influence. We also represent parties in court to resolve escalated disputes.
Land Acquisition
The Firm assists individuals or entities in navigating the complexities of land acquisition, and in initiating or defending against claims related to such acquisition. If you are facing claims related to land acquisition, such as disputes over ownership or encroachment, the Firm provides legal representation to defend your interests in court or in alternative dispute resolution mechanisms.
Trust Instruments
If a party is a beneficiary who believes that the trustee has breached their fiduciary duty by mismanaging the trust assets or failing to distribute trust assets in accordance with the terms of the trust instrument, the Firm assists in enforcing the terms of the trust or challenge the actions of the trustee. If a party is a trustee, defending against a claim within the context of a trust instrument, the Firm assists in contesting the allegations made against the party or seeks to clarify the terms of the trust instrument.
Committal Proceedings
The Firm represents individuals/entities by initiating/defending and/or responding to committal proceedings where a party is in contempt of a court order, having failed to comply with terms.
Commercial Judicial Review
As a director, owner, or CEO of a small or medium-sized enterprise (SME), one may need to pursue commercial judicial review should a decision made by a public body or government agency has negatively impacted their business. In such cases, commercial judicial review provides a mechanism to challenge the lawfulness of these decisions and seek redress/remedy. The Firm Assists entities/individuals by challenging such decisions via judicial review.
Corporate Litigation
Boardroom Disputes
Oppression actions: The Companies Act 2016 provides the minority shareholders with a legal mechanism to seek redress/remedies for mistreatment/abuse by majority shareholders. In such a scenario, an affected shareholder may initiate legal proceedings in their personal capacity as a shareholder of the company.
Removal of Directors: Occurs when the board or shareholders of a company seek to remove a director from their position which can happen for a variety of reasons, owing to a breach of fiduciary duties, conflicts of interest, or poor performance by the said director.
Shareholder Disputes: Conflicts that arise between shareholders of a company, typically over issues related to matters regarding financial management and/or decision-making.
Injunction of Meetings: Occurs when a party seeks to stop a company from holding a meeting, such as an annual general meeting or an extraordinary general meeting, due to concerns about the legality of the meeting or the conduct of the board.
We understand that these disputes can be detrimental to a company’s financial stability and reputation if not handled properly. We assist in navigating/resolving these disputes through creative strategy/advise, seeking to achieve a positive outcome.
We have represented/advised individuals in either bringing/defending against (all) such actions at all levels of the Malaysian courts.
Corporate Insolvency
Corporate insolvency, winding up proceedings, and schemes of arrangement/Judicial Management are all legal processes that are typically used when a company is in financial distress and is unable to meet its financial obligations. This could be initiated either by the company itself, or by a creditor of the company.
Once a company is insolvent, a receiver or liquidator may be appointed to manage the affairs of the company and to distribute its assets to its creditors and/or manage its liabilities. As a creditor of the company, you may be able to recover some or all of the money owed to you through this process.
Types of corporate insolvency handled by the firm include:
- Winding Up Proceedings (also known as liquidation): A process that is used to wind up the affairs of a company that is unable to pay its debts. This process is typically initiated by the company itself or by a creditor of the company. Once the winding up process is complete, the company’s assets are liquidated and the proceeds are distributed to its creditors. As a creditor of the company, you may be able to recover some or all of the money owed to you through this process.
- Schemes of Arrangement/Judicial Management: A legal process that is used to restructure the debts and affairs of a company in financial distress. Typically initiated by the company itself and requires the approval of its creditors and shareholders. Once the scheme of arrangement is approved, the company’s debts and affairs are restructured in a way that allows it to continue trading and to meet its financial obligations. As a creditor of the company, you may be able to recover some or all of the money owed to you through this process.
As an SME, if you are/intend to initiate one of these legal processes, it is important to be weary and work closely with your lawyer to ensure cause papers are drafted carefully.
If you are a company defending against a claim through one of these legal processes, it is important to seek legal advice for cost effective strategies in avoiding a long drawn/elaborate ordeal. The Firm would advise you on your options/quick resolve methodologies and on how best to defend against the claim in order to protect your company’s interests.
Economic Offences
Money Laundering Prosecution/Charges (AMLA)
The Anti-Money Laundering Act (AMLA) criminalizes the act of laundering money through illegal means, such as corruption or even creative business schemes. The Firm has in depth expertise and experience in relation to the legal and regulatory framework of AMLA, and is equipped to defend against such charges.
Fraudulent Trading Charges
A charge brought against individuals or companies that have engaged in fraudulent activities with the intent to deceive creditors or shareholders (under Section 540(5) of the Companies Act 2016). Such charges can result in imprisonment, hefty fines, and disqualification from holding office in the future.
Corporate Bribery
A charge brought against individuals or companies that have engaged in corrupt practices (under Section 17A of the MACC Act 2009), such as offering or accepting bribes, to gain an unfair advantage in business transactions. Such charges can result in significant fines, imprisonment, and reputational damage.
Embezzlement/Misappropriation Funds
A charge brought against individuals who have misappropriated funds or property (under Section 403 of Penal Code) that was entrusted to them. Such charges can result in significant fines and/or imprisonment. The Firm assists by demonstrating that the funds were used for legitimate purposes or that a party was not aware of the wrongful nature of their actions.
Criminal Breach of Trust
A charge brought against individuals who have breached their fiduciary duties or violated the trust of their clients or customers (under Section 406 of Penal Code). Such charges can result in significant fines and imprisonment. The Firm would demonstrate that a party acted in good faith or that the breach of trust was not intentional.
Cheating
A charge brought against individuals who have engaged in fraudulent activities (under Section 420 of Penal Code), such as deception, forgery, or false pretences, to gain an unfair advantage in business transactions. Such charges can result in significant fines and imprisonment. The Firm would demonstrate that the deception was not intentional or that the party was not aware of the wrongful nature of their actions.
Execution of Judgements
Execution of judgment involves enforcing a favourable decision against the losing party. There are several methods of enforcing a judgment, including garnishee orders, writs of seizure and sale, and bankruptcy proceedings. These methods vary depending on the circumstances of the case and the assets available to the debtor. In this regard, the Firm offers advisory services to individuals and entities on the most effective method to enforce the judgment, followed by executing the chosen/appropriate method by representing the party in the execution proceedings in Court. Common execution/enforcement pursuits include:
Garnishee Proceedings
The process involves obtaining a court order against the debtor’s bank or employer, which compels them to pay the creditor from the debtor’s account or salary.
Writs of Seizure and Sale
Involves obtaining a court order to seize and sell the debtor’s assets to pay off the debt. The process involves identifying the assets which can be seized, be it movable or immovable, such as properties or vehicles, and obtaining a court order to sell them. The proceeds from the sale are then used to pay off the debt owed to the creditor.
Bankruptcy Proceedings
The process involves filing a petition in court seeking to declare/adjudge the debtor bankrupt and appointing an official assignee to manage the debtor’s assets (if any).
Debt Recovery
Refers to the legal process of recovering funds that are owed by an individual, group, or entity to another. We assist SMEs and MNCs in initiating claims against debtors who have failed to pay outstanding debts owed to them through the following methods based on their circumstances.
The Firm guides clients through the appropriate legal processes and advise them on the best course of action to recover the debts owed to them, while bearing in mind the client’s legal cost and the adversary’s inability to pay.
Appeals
The Firm has handled appeals at all levels of Malaysian Courts, and our services encompass the following:
- Appealing against a decision or responding to an appeal from the magistrate/sessions court to the High Court in respect of an interlocutory application.
- Appealing against a decision or responding to an appeal from the magistrate/sessions court to the High Court after trial.
- Appealing against a decision or responding to an appeal from the High Court to the Court of Appeal in respect of an interlocutory application.
- Appealing against a decision or responding to an appeal from the High Court to the Court of Appeal, after full trial at the High Court.
- Seeking for Leave to the Federal Court – from any decision from the Court of Appeal.
- Full appeals at the Federal Court.