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.

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)

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.

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)

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.

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.

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.

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.