News and developments

Press Releases

NEW PRACTICE AREA – ENVIRONMENTAL, SOCIAL & GOVERNANCE (ESG)

In today's rapidly evolving business landscape, Environmental, Social, and Governance (ESG) compliance has become essential for sustainable growth and long-term success.
16 August 2024
Press Releases

ANTI-SUIT INJUNCTION APPLICATION ALLOWED IN CROSS-JURISDICTIONAL DISPUTE

Our Partner, Idza Hajar binti Ahmad Idzam and Legal Associates, Lee Sheen Yee and Siti Sarah Kamaruzaman from Zul Rafique & partners’ Litigation,
16 August 2024

ENHANCEMENTS TO CORPORATE GOVERNANCE AND RESCUE MECHANISMS: COMPANIES (AMENDMENT) ACT 2024

INTRODUCTION & RATIONALE Notably, the purposes behind the 2024 Amendment in relation to corporate rescue mechanism are to extend the application of the mechanism to a broader category of companies and to reinforce the rehabilitation mechanism,
16 August 2024
ADMINISTRATIVE LAW

TIME LIMIT FOR JUDICIAL REVIEW: WHEN DOES TIME START TO RUN?

INTRODUCTION In the recent Court of Appeal decision in the case of Ketua Pengarah Hasil Dalam Negeri v. Yayasan Buah Pinggang Kebangsaan Malaysia,
16 August 2024
EMPLOYMENT LAW

BEST PRACTICES FOR NAVIGATING CHANGE WITH A NEW INDUSTRIAL COURT CHAIRMAN

BRIEF FACTS In a recent decision of the High Court of Penang[1], an issue arose regarding the applicable law and the best practices for a new Industrial Court Chairman to take over a case and hand down an Award thereafter.
16 August 2024
OCCUPATIONAL SAFETY AND HEALTH

OCCUPATIONAL SAFETY AND HEALTH (AMENDMENT) ACT 2022

INTRODUCTION The Occupational Safety and Health (Amendment) Act 2022 (“Amendment Act”), which was passed and gazetted in 2022, will come into force on 1 June 2024.
16 August 2024
COMPANY LAW

CASE ANALYSIS ON DATO’ AZIZAN BIN ABD RAHMAN & ORS V CONCRETE PARADE SDN BHD & ORS: SHAREHOLDER RIGHTS AND CORPORATE GOVERNANCE UNDER THE COMPANIES ACT 2016

This article provides a detailed examination of the Federal Court of Malaysia’s judgment in the case of Dato’ Azizan bin Abd Rahman & Ors v. Concrete Parade Sdn Bhd & Ors,
16 August 2024
COMPANY LAW

BOLSTERING CORPORATE INTEGRITY: THE COMPANIES (AMENDMENT) ACT 2024

INTRODUCTION It is worthwhile to witness the progression of Malaysia’s company law with the passing of Companies (Amendment) Act 2024 (“2024 Amendment”) on 28th November 2023,
16 August 2024
Press Releases

ZRP NEWEST PARTNER – NUR SYAFINAZ VANI

Zul Rafique & Partners welcomes Syafinaz Vani into the partnership. Syafinaz Vani is the latest addition to our Litigation practice group.
16 August 2024
Press Releases

SUCCESS! APPEAL TRIBUNAL UPHOLDS MCMC DECISION

Our Dispute Resolution Partner, Kuhendran Thanapalasingam and Communications & Multimedia Partner Darren Kor together with Legal Associates,
16 August 2024
Press Releases

BANK PREVAILS IN DISMISSING TELLER FOR FAILURE TO DECLARE EXCESS CASH

Thavaselvi from Zul Rafique & Partners’ Employment & Industrial Relations Practice Group has successfully acted for Public Bank Berhad
16 August 2024
Press Releases

SUCCESSFULLY NEGOTIATED FOR BOUSTEAD NAVAL SHIPYARD SDN BHD OVER THE LCS PROGRAMME DISPUTE

Our Partners, Lukman Sheriff Alias, Teh Hooi Woon and Idza Hajar Ahmad Idzam together with our Legal Associates,
16 August 2024
Press Releases

LEAVE APPLICATION FOR JUDICIAL REVIEW WAS DISMISSED DUE TO INORDINATE DELAY IN FILING THE APPLICATION & IGNORANCE OF THE LAW IS NOT AN ACCEPTABLE REASON

Teoh Alvare together with Loh Qiao Wen from Zul Rafique & Partners’ Employment and Industrial Relations Practice Group successfully represented Pertubuhan Peladang Kebangsaan (“the Respondent”) at the High Court in respect to the Respondent’s former employee’s (“the Applicant”) application for an extension of time and leave application for judicial review against his dismissal by the Respondent.  
21 March 2024
Press Releases

SINGAPORE’S HIGH COURT UPHOLDS PARTIAL AWARD ISSUED IN TM’S FAVOUR AND TRIBUNAL ISSUES A FINAL AWARD OF USD 3 MILLION IN TM’S FAVOUR

Our Partner, T Kuhendran and Esther Tan from Zul Rafique & Partner’s Construction Dispute Resolution Practice Group,
21 March 2024
Press Releases

MILESTONE DEAL WORTH RM800 MILLION INKED BETWEEN KUALA LINGGI INTERNATIONAL PORT AND CCCC DREDGING SOUTHEAST ASIA

Our Partners, Lukman Sheriff Alias and Michele J Chong, from Zul Rafique & Partners’ Energy & Utilities practice group have advised and acted for Linggi Base Sdn Bhd, the developer of the Kuala Linggi International Port,
21 March 2024
Press Releases

DAYTHREE DIGITAL BERHAD’S SUCCESSFUL LISTING ON ACE MARKET: AN EXCITING JOURNEY AHEAD

We are thrilled and proud to share Zul Rafique & Partners’ journey with Daythree Digital Berhad, following its successful listing on the ACE Market of Bursa Malaysia Securities Berhad on Wednesday, 26th July 2023.
21 March 2024
Press Releases

RM52.85 MILLION DEAL SUCCESSFULLY INKED FOR PROPERTIES IN TEMASYA GLENMARIE

Zul Rafique & Partners' Corporate Real Estate practice group Associate, Nuramira Syahida Binti Mazlan and Wan Anis Yasmine Binti Wan Ismail,
21 March 2024
Press Releases

STAY OF RM25 MILLION ADJUDICATION DECISION ON MERDEKA 118 PROJECT SUCCESSFULLY OBTAINED

T Kuhendran, Daniel Lau and J Agesh from Zul Rafique & Partners’ Construction Dispute Resolution Practice Group,
21 March 2024
Press Releases

NEW PRACTICE AREA – SHARIAH

Zul Rafique & Partners is now registered under the Syarie Legal Profession (Federal Territories) Act 2019.
21 March 2024
Press Releases

Zul Rafique & Partners successfully advises Boustead Holdings Berhad for a proposed disposal of 102,910,000 shares

ZUL RAFIQUE & partners’ Projects & Corporate Advisory together with the Capital Markets team, David Lee Lai Huat, Khairuzzaman Muhammad, Sheree Shezleen Salehaldin (since left), Lee Yee Fern, Evelyn Ng and Anthony Christopher Crimson advised Boustead Holdings Berhad (BHB), which entered into a share sale agreement with UON Holding (Malaysia) Sdn. Bhd. (UON) for the proposed disposal of 66.41% stake held by BHB in the University of Nottingham in Malaysia Sdn. Bhd. (UNIM) to UON.
24 January 2022
Press Releases

Zul Rafique & Partners successfully obtained a Final Award in favour of the Claimant in the sum of RM 27 million against the Contractor

Kuhendran, Michael Koh and J. Agesh from ZUL RAFIQUE & Partners’ Construction Dispute Resolution Practice Group, acting for a company (“Claimant”) in an arbitration proceeding, have successfully obtained a Final Award in favour of the Claimant in the sum of RM27 million against the contractor (“Respondent”).
24 January 2022
Press Releases

Case Update | Zul Rafique & Partners’ succeeds in setting aside a series of extensions of a Judicial Management Order.

Idza Hajar Ahmad Idzam, Nan Muhammad Ridhwan Rosnan and Nur Fatin Hafiza Hasham (assisted by Muhammad Hibri Nazim, a Pupil-in-Chambers) from Zul Rafique & Partners’ Litigation Practice Group representing Seriemas Development Sdn Bhd (“Intervener”), have successfully set aside a series of extensions of a Judicial Management Order granted for Macro Resources Sdn Bhd (“Applicant”) in the High Court of Shah Alam.
24 January 2022
Press Releases

Zul Rafique & Partners advices UOB Malaysia on landmark first tranche financing in the form of an MYR800 million receivables purchase arrangement to Ericsson Malaysia.

Our team led by Loh Mei Mei and Chan Kwan Hoe from Zul Rafique & Partners’ Banking and Finance Department recently advised on the landmark first tranche financing provided by UOB Malaysia in the form of an MYR800 million receivables purchase arrangement (RPA) to Ericsson Malaysia which will enable the latter to deliver the initial phases of Digital Nasional Bhd (DNB)’s nationwide 5G network rollout. Zul Rafique & Partners has also been appointed to act for the lead arranger and syndicate banks for the additional MYR2.3 billion syndicated RPA.
24 January 2022
Press Releases

Zul Rafique & partners’ Corporate Real Estate team advises Tropicana Senibong Sdn. Bhd. (a wholly-owned subsidiary of Tropicana Corporation Berhad) in relation to an unincorporated joint venture with Puncak Alam Housing Sdn. Bhd.

Leong May Ling and Connie Ho Suk Mun from ZUL RAFIQUE & partners’ Corporate Real Estate practice group have advised and acted for Tropicana Senibong Sdn. Bhd. (“TSSB”) (a wholly-owned subsidiary of Tropicana Corporation Berhad (“TCB”)) in relation to a joint venture agreement with Puncak Alam Housing Sdn. Bhd. (“Proprietor”) for the development of residential homes on three (3) parcels of leasehold lands measuring approximately 362.742 acres in area, located in Mukim of Ijok, District of Kuala Selangor, State of Selangor Darul Ehsan (“Lands”) (“Joint Venture”).
24 January 2022
Press Releases

Zul Rafique & Partners advises on Malaysia’s first Sustainability-Linked Sukuk Wakalah issuance

Our Partner, Celine Rangithan together with associates, Isabella Ng Ling Ling and Christin Wong Tsui Yuan from Zul Rafique & Partners’ Banking & Finance practice group have advised and acted for HSBC Amanah Malaysia Berhad on the issuance of Malaysia’s first Sustainability-Linked Sukuk Wakalah by Yinson Holdings Berhad pursuant to its Islamic Medium Term Notes Programme of up to RM1 billion in nominal value.
24 January 2022
Corporate and Commercial

ARE ALL MATTERS REQUIRED TO BE PARTICULARISED IN A NOTICE/AGENDA OF A BOARD OF DIRECTOR’S MEETING? MUST THERE BE A FORMAL VOTING AND DELIBERATION PROCESS IN A BOARD OF DIRECTOR’S MEETING?…

Our Ms. Idza Hajar Ahmad Idzam assisted by Ms. Bailey Leong Pui Yee, Ms. Lee Sheen Yee and Mr. Yap Jia Cheng (acting on behalf of the Respondents i.e. Nationwide Express Holdings Berhad and 4 of its directors (at that material time)) had successfully resisted an appeal filed by the Appellant in the Court of Appeal and defended the learned High Court Judge’s decision reported in the case of Rozilawati Binti Haji Basir v Nationwide Express Holdings Berhad v 4 Others [2020] MLJU 1198.
24 January 2022
Tax & private client

WILL PROPOSED NEW S.106A EFFECTIVELY ENABLE THE INLAND REVENUE BOARD TO ACCESS TAXPAYERS’ BANK DETAILS WITHOUT WARNING?

INTRODUCTION On the 15th of December 2021, the Finance Bill 2021 (the “Bill”) was passed in the House of Representatives with a simple majority voice vote. The Bill was presented and laid before the House by YB Dato' Indera Mohd Shahar bin Abdullah, the Deputy Finance Minister. Among the many provisions made in the Bill, one in particular catches the attention of the masses.
24 January 2022
Litigation & Dispute Resolution

MANDATORY MEDIATION CLAUSE IN A CONCESSION AGREEMENT: NOT SO MANDATORY AFTER ALL?…

The Court of Appeal in the case of Godell Parking Sdn Bhd v Majlis Bandaraya Petaling Jaya [2020] 6 MLJ 43 (the “Case”) decided on the applicability of what seems to be a mandatory dispute resolution for an amicable settlement clause in a Concession Agreement entered into between the parties.
24 January 2022
Crime

TORT OF INDUCEMENT OF BREACH OF CONTRACT – “TALK TO MY LAWYER”…

In February 2020, the United Kingdom (UK) Court of Appeal clarified what “knowledge” or information is necessary in order to fall under the tort of inducing a breach of contract. This case was specifically in relation to a situation wherein an employer recruits an employee and receives legal advice regarding the enforceability of the employee’s post-employment restrictions.
24 January 2022
Crime

THE PRINCIPLE OF ABSOLUTE PRIVILEGE – TRULY ABSOLUTE?

The Federal Court in the case of Nor Aziz bin Mat Isa v Sun Teoh Tia (SAC) (Pengerusi Lembaga Tatatertib Polis Diraja Malaysia Bukit Aman) & Ors [2021] 2 MLJ 142 (the ‘Case’) decided on the extent of the principle of absolute privilege for defamatory statements contained in a police report lodged by a police officer under Section 107 of the Criminal Procedure Code (“CPC”). In this article, we examine the facts, issues and ruling of the case.
24 January 2022
Litigation & Dispute Resolution

THE AIAC ARBITRATION RULES 2021 AND THE KEY CHANGES TO MALAYSIAN ARBITRATION PRACTICE & PROCEDURE

INTRODUCTION On 1st August 2021, the AIAC Arbitration Rules 2021 (“2021 Rules”) was launched and took effect, replacing all previous editions of the AIAC Arbitration Rules. The 2021 Rules shall apply to all arbitrations commenced after this date, unless agreed otherwise by the parties.
24 January 2022