Practice Areas

Asset Tracking, Tracing, Preservation & Recovery

We spearhead investigations and provide support in tracing and preserving assets, often where assets are wrongfully and/or unlawfully dissipated in an inconspicuous manner.

Common issues dealt by us:-

  • Merits and viability of asset preservation applications e.g. mareva injunction application
  • Merits and viability of other ancillary applications e.g. anton piller order application to preserve evidence, Bankers’ Books (Evidence) Act, 1949 and third party discovery application

Civil Disputes

In making the firm the comprehensive outfit that it is, we possess in-depth expertise in acting for and against parties to civil disputes.

Common causes of action / issues dealt by us:-

  • Tortious claims e.g. breach of duty of care, breach of fiduciary duties, breach of trust
  • Trespass to person e.g. assault, battery and false imprisonment
  • Trespass to goods e.g. conversion (i.e. dealing with goods in a manner inconsistent with the rights of the true owner / person entitled to possession) and detinue (i.e. illegal detention of goods)
  • Tortious interference with business, trade and contracts
  • Conspiracy to injury via lawful and unlawful means

Commercial Disputes

We are well-versed in acting for and against consumers, suppliers, manufacturers, retailers, distributors and others, including fast moving consumer goods.

Common causes of action / issues dealt by us:-

  • Breaches of contracts, whether in relation to consumers, suppliers, manufacturers, retailers, distributors and others
  • Sales of goods which are not of merchantable quality, fit for purpose, matching the contract description and free from defects (including latent defects)

Competition & Antitrust

We provide support for parties to disputes on competition and antitrust laws.

Common causes of action / issues dealt by us:-

  • Validity of horizontal and vertical agreements which have the object of preventing, restricting or distorting competition in the market
  • Abuse of dominant position in the adjustment of prices, outputs or trading terms without effective constraint from competitors or potential competitors

Construction Arbitration & Adjudication

We provide support for parties to construction arbitration and adjudication.

Common causes of action / issues dealt by us:-

  • Breaches and/or wrongful termination of contracts relating to construction, construction consultancy and procurement of construction materials, equipment or workers. This includes non-payment of progress claims, uncertified progress claims, improper invocation of bank guarantees, unjust withholding of retention amounts and failure to rectify defects
  • Conflicts between expert evidence provided between parties
  • Applicability of arbitration clause
  • Commencing and defending CIPAA proceedings
  • Challenging CIPAA awards

Construction & Engineering Contract Disputes

We provide support for parties to construction and engineering contract disputes.

Common causes of action / issues dealt by us:-

  • Breaches and/or wrongful termination of contracts relating to construction, construction consultancy and procurement of construction materials, equipment or workers. This includes non-payment of progress claims, uncertified progress claims, improper invocation of bank guarantees, unjust withholding of retention amounts, failure to rectify defects and professional negligence claims against architects, engineers and quantity surveyors
  • Conflicts between expert evidence provided between parties

Corporate Insolvency & Receivership

We provide support for and against proceedings relating to corporate insolvency and receivership.

Common causes of action / issues dealt by us:-

  • Voluntary and involuntary winding up of companies
  • Reinstatement of a struck off company
  • Commencing and defending proceedings for the appointment of receivers as well as proceedings on personal liabilities of receivers

Debt Restructuring & Schemes of Arrangements

We provide support for and against distressed companies seeking for debt restructuring and schemes of arrangements.

Common causes of action / issues dealt by us:-

  • Commencing and defending proceedings for restraining order to stay legal proceedings by creditors
  • Commencing and defending proceedings to sanction approved scheme of arrangement

Defamation & Media

We are regularly engaged in high profile defamation cases, be it for or against persons alleged to be defamed, and other media related litigation, including media production companies and broadcast companies.

Common causes of action / issues dealt by us:-

  • Commencing and defending proceedings on defamation, which includes issues on possible defences against defamation
  • Commencing and defending proceedings on breaches of intellectual property rights

Industrial Relations & Employment Disputes

Whether you are the employee or employer, we provide support in all employment related matters, including dismissals, compliance, trade unions, and protection of confidential and proprietary information.

Common causes of action / issues dealt by us:-

  • Unfair and constructive dismissals
  • Applications for variation of collective agreement and interpretation of collective agreement

Family Law

We are equipped with the multi-pronged tools to provide support for and against parties to divorce proceedings, including facilitating out-of-court negotiations and mediation.

Common causes of action / issues dealt by us:-

  • Child maintenance (interim and otherwise)
  • Spousal maintenance (interim and otherwise)
  • Child custody and care (interim and otherwise)
  • Matrimonial asset division arising from divorce or judicial separation
  • Liability of third parties involved in adultery

Fraud & Forensic Investigations

We provide support in the form of attorney-led investigations to uncover fraudulent schemes masked under ordinary business transactions.

Our investigation extends beyond contractual parties, officers and directors directly involved in the transactions, but also spouses, relatives and business affiliates of the same.

Common causes of action / issues dealt by us:-

  • Identification of individuals and body corporates directly involved in the suspected transactions (“Direct Parties”)
  • Identification of individuals and body corporates related to the Direct Parties, which includes relatives and spouses
  • Identification of jurisdictions involved (other than Malaysia) where the suspected transactions are carried out along with the timeline of events
  • Documentation trail of the suspected transactions
  • Identification of causes of action against Direct Parties and Indirect Parties along with their respective merits and viability

Employment Fraud

We provide support for and against employees alleged for committing employment frauds in civil actions.

Common causes of action / issues dealt by us:-

  • Existence of duties in the contracts of employment
  • Existence of duties in the common law relating to the employees, e.g. fiduciary duties and duties in trust owed by the employees to the employers
  • Breaches of duties owed by the employees to the employers e.g. misuse of position and sensitive proprietary information

International & Domestic Arbitration

We provide support for and against parties to international and domestic arbitration.

This is common where related contracts and agreements governing the dispute contain an arbitration clause and otherwise, as well as when the dispute involves sensitive trade information.

Common causes of action / issues dealt by us:-

  • Validity of arbitration clauses and stay of court proceedings pending referral to arbitrations
  • Issues on choice-of-law including the applicable procedural law and substantive law governing the arbitration and issues in dispute
  • Interim measures sought from the arbitral tribunal against parties to the arbitration e.g. security for costs and discovery of documents and interrogatories
  • Court-ordered interim measures in aid of arbitration, particularly those against third parties e.g. discovery of documents, application for the giving of evidence via affidavit
  • Setting aside, recognition and enforcement of arbitral award

Real Estate & Land Acquisition Disputes

We provide support for and against parties to real estate and land acquisition disputes.  Our clientele ranges from individual purchaser and vendor to developers as well as real estate agents and promoters.

Common causes of action / issues dealt by us:-

  • Commencing and defending actions on fraudulent land transactions
  • Commencing and defending actions on trespass to land
  • Commencing and defending summary proceedings for recovery possession of lands e.g. eviction of squatters
  • Commencing land reference proceedings for lands acquired by the Government

Securities & Share Trading Disputes

We provide support to companies and shareholders involved in securities and share trading disputes.

Common causes of action / issues dealt by us:-

  • Insider trading
  • Market manipulation
  • False trading
  • Other market offences

Promoters, Shareholders & Directors (Corporate) Disputes

We provide comprehensive support to parties embroiled in corporate disputes.

Common causes of action / issues dealt by us:-

  • Breach of promoters’ duties
  • Breach of directors’ duties
  • Breach of shareholders’ agreement
  • Lifting and piercing of corporate veils
  • Oppressive and/or unfairly prejudicial conduct towards other shareholders
  • Other ancillary disputes e.g. breach of company secretary’s duties

Trust, Will & Inheritance Disputes

In addition to offering various legal services in relation to estate planning and the administration of a deceased’s estate, we provide support to parties to disputes over inheritance and the administration of a deceased’s estate, often precipitated from the breakdown in the family / marriage.

Common causes of action / issues dealt by us:-

  • Validity of trust and will
  • Administration of the estate of persons who died intestate / without leaving a will
  • Appointment of personal representatives of the deceased where no action is taken to administer the deceased’s estate

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