OUR PRACTICE AREAS / CORPORATE, CONTRACTUAL & COMMERCIAL

CORPORATE, CONTRACTUAL &

COMMERCIAL

 

We are recognised for effectively resolving corporate, contractual, and commercial disputes by providing “local expertise, global standards.”

Key Engagements & Experience

Examples of our engagements and the cases handled by Team IKC

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CONFIDENTIAL

01

Successfully obtained a Worldwide ex-parte Mareva Injunction for the client, a company registered in Cayman Islands and a subsidiary of a Hong Kong-listed entity. The Worldwide Mareva Injunction was obtained against a Taiwanese businesswoman with a substantial business interests and assets in Malaysia, involving a sum of more than USD13 million. The client initiated an action seeking recovery of over USD13 million under a Put Option Agreement and Settlement Agreement governed under the Malaysian laws. The Taiwanese businesswoman contends that these agreements are void and unenforceable, alleging that they were used to disguise a moneylending transaction under a Loan Agreement governed by Hong Kong laws between a related entity of Butterfly registered in Singapore and herself.

SALING CAPITAL LTD

01

Acted for a Labuan Company in defending a claim by the Customs and Tax Administration of the Kingdom of Denmark against 67 Defendants in the Malaysian Court where the Authority has successfully obtained a Mareva Injunction and an Anton Pillar Order against the Defendants. The quantum of claims is more than RM90 million. (The Customs and Tax Administration of The Kingdom of Denmark v Saling Capital Ltd & Ors and other appeals [2022] 1 MLJ 316)

TOP GLOVE SDN BHD AND TOP QUALITY GLOVE SDN BHD

01

Represented the clients, subsidiaries of Top Glove Corporation Berhad, in various claims against its contractor, Blondal Water Resources Sdn Bhd (Blondal), part of Blondal Group of Companies based in Sweden, for its failure to design and construct the water purification and production system for the clients’ factories (as the World’s largest manufacturer of gloves and in light of the repeated water cuts in Selangor, Malaysia) and fraud and conspiracy. In the same Suits, successfully struck out the claims by Blondal against the clients. The quantum of various claims amounted to RM13 million.

BELETIME MANAGEMENT SDN BHD

01

Acting for the client, the owner of a shopping mall in Johor Bahru, in a claim by its Tenant for unlawful termination of Tenancy and damages of more than RM1.6 million, during the period of Movement Control Order in Malaysia as a result of the Covid-19 pandemic.

02

The decision would have large significance and impact on all commercial tenancy during the Covid-19 pandemic as it will be the very first few cases in Malaysia to interpret on the applicability and extent of the Covid-19 legislation in Malaysia. (Tee and Putt Minigolf Sdn Bhd v. Bele Time Management Sdn Bhd [2022] 1 LNS 1180)

OYO HOMES & HOSPITALITY

01

Representing the clients, an Indian hospitality chain of leased and franchised hotels, homes and living spaces, in defending various claims by the hotel owners for breach of Marketing and Operational Consulting Agreement especially as a result of the Covid-19 pandemic which substantially affected the hospitality industry.

UNIVERSITY SAINS ISLAM MALAYSIA

01

Representing and advising the client on the termination of the tenancy of 928 units of residence to be used as student accommodation as a result of the Developer’s failure to carry out its obligations (as the Landlord) and due to measures prescribed under the Covid-19 legislation making student accommodation no longer necessary. The potential claims by the Landlord against the client amounted to more than RM11 million.

COUNTRY GARDEN PACIFICVIEW SDN BHD

01

Successfully represented the client (at the Court of Appeal) in a claim by the Purchaser for refund of part payment of purchase price under the Sales and Purchase Agreement under Schedule H of the Housing Development (Control and Licensing) Regulations 1989 (Schedule H SPA) which do not allow the Purchaser to terminate the purchase of Property due to no fault of the Developer. (Country Garden Pacificview Sdn Bhd & Anor v Anand Raj Giri a/l Haripasar Giri [2021] MLJU 1236)

02

Representing the client on various claims against the cash Purchasers of the client’s Forest City Project from Malaysia, Singapore, Vietnam, Indonesia, Laos, Myanmar, Philippines, China, Macau, Hong Kong, India, Korea, Japan and/or Saint Kitts and Neviis, for an order of specific performance and/or the recovery of balance purchase price. The quantum of various claims amounted to more than RM88 million. (Example includes Wong Yong Fook & Anor v Country Garden Pacificview Sdn Bhd [2022] CLJU 1006)

03

Representing the client against its Main Contractor and Consultants on the construction of piping works at its prestigious Golf Resort in Forest City, Malaysia. This case involves breach of contract, professional negligence, and fraud, arising from discrepancies between the approved construction drawings and as-build drawings. Despite the conformity between the as-built drawings and the approved construction drawings, a stark disparity emerges in the actual execution of piping works, leading to issues such as backflow and leakage in manholes and sewer pipes. The quantum of this dispute exceeds RM5 million.

04

Defending the client in various claims by the Purchasers of Forest City, Malaysia, seeking to invalidate Sales and Purchase Agreements by alleging misrepresentation, painting Forest City as a “Ghost City” and the “Most Useless Mega Project in the World” based on news report. The collective quantum of these diverse claims exceeds RM10 million.

SAINT-GOBAIN MALAYSIA SDN BHD AND ITS GROUP OF COMPANIES

01

Acting for the client, a French multi-national corporation founded in 1665 in Paris in the industry of manufacturing of the construction materials, in various recovery claims against its customers.

COUNTRY GARDEN DANGA BAY SDN BHD

01

Representing the client in defending numerous claims for Liquidated and Ascertained Damages (“LAD”) by Purchasers, with a cumulative quantum exceeding RM13 million. The complexity stems from a peculiar scenario when:-

(a) The client constructed and delivered Properties within the extension of time (“EOT”) granted by the Housing Controller of the Malaysia Ministry of Housing and Local Government under the Housing Development (Control & Licensing) Regulations 1989 (“HDR”), as agreed in the Sales and Purchase Agreements (“SPAs”).

(b) However, a legal twist ensured when the Malaysian Federal Court invalidated in the EOT, asserting that only the Minister of Housing and Local Government, not the Housing Controller, has the authority to grant EOT under HDR. This unforeseen development left CG vulnerable to claims for LAD, alleging delays in Properties delivery.

Example of cases include Liew Yin Sin & Satu Lagi v. Country Garden Danga Bay Sdn Bhd [2022] 5 LNS 183; Prumillion Investors Sdn Bhd v. Country Garden Danga Bay Sdn Bhd [2022] 5 LNS 226; Shen Wenli v. Country Garden Danga Bay Sdn Bhd [2022] 5 LNS 229; Chia Mee Hiong lwn Country Garden Danga Bay Sdn Bhd [2022] MLJU 2292; Toh Cheng Seng lwn Country Garden Danga Bay Sdn Bhd [2022] MLJU 2318; Zhang Li Min dan satu lagi lwn Country Garden Danga Bay Sdn Bhd [2022] MLJU 2319; and Xie Shuilian lwn Country Garden Danga Bay Sdn Bhd [2022] MLJU 2230.

LEGAL SUPPORT

Team IKC is ready to assist you

Managing Partner

Partner

Senior Associate

Senior Associate

  • KHO SZE JIA

    MANAGING PARTNER

    Email

    szejia@ikclaw.com

    Contact number

    • +603 6419 9788

    Practice area

    • Adjudication & Construction
    • Arbitration
    • Corporate, Contractual & Commercial Disputes
    • General Litigation & Dispute Resolution
    • Fraud & Forensic Investigation

    EXPERIENCE

    Sze Jia is recognised as one of the LexisNexis® 40 UNDER 40 2023 Asia Pacific’s rising stars. He is also among the finalists for Young Lawyer of the Year 2024 by Asian Legal Business, Malaysia, by Thomson Reuters.

    He has experience in a wide variety of disputes, including arbitration, banking and financial disputes, construction, corporate, contractual, and commercial, defamation, energy, fraud, insurance and reinsurance, insolvency, oil and gas and tort.

    Sze Jia’s clients include local and international developers, manufacturers, major corporations, statutory bodies, universities, and private clients.

    Sze Jia is the lead retained counsel for a Chinese Developer ranked in Fortune Global 500 and its entities in Malaysia, adeptly manages a diverse range of disputes encompassing construction, contracts, commercial, fraud and employment issues. Currently overseeing over 60 cases, Sze Jia and his team navigate disputes exceeding a cumulative quantum of more than RM80 million.

    He has also been frequently instructed to conduct complex claims and disputes where forensic investigation and securing freezing orders urgently are required. He has recently been instructed to act for a group of private international clients in a claim for multijurisdictional fraud and conspiracy where the quantum is approximately USDT 100 million in cryptocurrency Tether.

    Sze Jia has appeared as counsel in various Malaysia Courts, including the Superior Courts and in Arbitration Proceedings involving energy, oil and gas, construction, insurance and reinsurance, telecommunications, and international commercial disputes.

    CAREER

    Sze Jia started his career in Zaid Ibrahim & Co’s largest Dispute Resolution Practice Group. He left ZICO together with Ariff Rozhan in 2015 and joined Ariff Rozhan & Co as a Senior Associate. He was part of Ariff’s Team for more than 7 years until he left in September 2018.

    Sze Jia is now the Managing Partner and the Head of Dispute Resolution, the largest practice group in IKC. He also heads the China Businesses and Enterprises Desk in IKC.

    EDUCATION & QUALIFICATION

    Arbitrator, Asian International Arbitration Centre (AIAC)

    Arbitrator and Mediator, Borneo International Centre for Arbitration and Mediation (BICAM)

    Member, Chartered Institute of Arbitrators (CIArb)

    Member, Inter-Pacific Bar Association

    Commissioner for Oaths

    Advocate and Solicitor, High Court of Malaya

    Certificate of Legal Practice, Legal Profession Qualifying Board Malaysia

    Bachelor of Laws (Honours), Cardiff University, United Kingdom

    LANGUAGES

    English

    Bahasa Malaysia (Malay)

    华语 (Mandarin)


  • PATRICIA JAYNE NOEB

    PARTNER

    Email

    patricia.noeb@ikclaw.com

    Contact number

    • +603 6413 8788

    Practice area

    • Adjudication & Construction
    • Arbitration
    • Contractual & Commercial Disputes
    • General Litigation & Dispute Resolution
    • Employment & Industrial Relation
    • Land Reference

    EXPERIENCE

    Patricia has a wide experience in navigating the complexities of both commercial and civil disputes, including breaches of contract, tortious actions, fraud, insolvency (including injunctive reliefs) and reinsurance where she has acted for both the local and international corporations and private clients before various Courts in Malaysia.

    Patricia has also handled numerous adjudication proceedings pursuant to Construction Industry Payment & Adjudication Act 2012 where the projects range from refurbishment and renovation of hotels/offices to equipment installation for cellular services in various states in Malaysia.

    Further, Patricia also advises clients on employment related matters such as ensuring the clients’ operations align with legal requirements and implementing strategic legal measures in matters such as poor performance, employee misconduct and termination.

    Patricia has also represented private and government-linked companies in claims for unfair and unjust dismissal including claims of constructive dismissal.


    CAREER

    Patricia began her legal career in Zain & Co’s Dispute Resolution Practice Group.

    Prior to joining IKC, she was a Senior Associate with Ariff Rozhan & Co.

    Patricia is now a Partner in Dispute Resolution Team, the largest practice group in IKC and in charge of Human Resource. She also heads the Asean Businesses and Enterprises Desk.


    EDUCATION & QUALIFICATION

    Advocate and Solicitor, High Court of Malaya

    Bachelor of Laws (Honours), University of Malaya


    LANGUAGES

    English

    Bahasa Malaysia (Malay)


  • ALEEYA ELYANA

    SENIOR ASSOCIATE

    Email

    aleeya@ikclaw.com

    Contact number

    • +603 6419 4499

    Practice area

    • General Litigation & Dispute Resolution
    • Land Reference

    EXPERIENCE

    Aleeya has experience in handling civil and commercial matters, including debt recoveries, fraud, negligence, construction, and employment disputes. She has advised and acted for government agencies and statutory bodies in a wide array of matters, including in negligence to land acquisition disputes.

    Aleeya also represented international protection and indemnity clubs in shipping and maritime disputes. She has conducted trials and hearings at all levels of Courts, including appeared as counsel at the Court of Appeal, Federal Court, and in Arbitration and Adjudication Proceedings.

    She is also able to draft and review various business agreements.

    CAREER

    Aleeya started her practice in Tommy Thomas, before joining Ariff Rozhan & Co. She later joined Tan Norizan & Associates as a Senior Associate. She is now a Senior Associate of Dispute Resolution, the largest practice group in IKC.

    EDUCATION & QUALIFICATION

    Advocate and Solicitor, High Court of Malaya

    Bachelor of Laws (Honours), Universiti Teknologi MARA (UiTM)

    LANGUAGES

    English

    Bahasa Malaysia (Malay)


  • PHANG JA MEIN

    SENIOR ASSOCIATE

    Email

    jamein@ikclaw.com

    Contact number

    • +607 291 9868

    Practice area

    • Banking & Financial Disputes
    • General Litigation & Dispute Resolution
    • Insurance

    EXPERIENCE

    Ja Mein manages and handles banking and financial disputes for the largest bank in Malaysia and other financial institutions, digital banks and financing platforms.

    She also has experience in dealing with professional indemnity insurance matters and has successfully acted for lawyers in claims for professional negligence and fraud.

    CAREER

    Ja Mein started her practice in Yeo Chambers, Johor Bahru, before joining Tay & Partners.

    She joined IKC in October 2020 as a Senior Associate. She is instrumental in setting up IKC Johor in 2022 and now heads IKC’s Practice in Johor.

    EDUCATION & QUALIFICATION

    Advocate and Solicitor, High Court of Malaya

    Bachelor of Laws (Honours), Multimedia University

    LANGUAGES

    English

    Bahasa Malaysia (Malay)

    华语 (Mandarin)