Lee Hishammuddin Allen & Gledhill

Banking & Finance

1. Summary (including client name)
We are advising Maybank Islamic Berhad (“Bank”) CONFIDENTIAL on the relevant legal documentation for the proposed agility financing of the Bank. The proposed agility financing is a variation to the Bank’s existing Murabahah Vehicle Term Financing-i (“MVTF-i Facility”) i.e., a term financing under the Shariah contract of Murabahah Purchase Order for purchase of vehicle/car. The MVTF-i Facility is an alternative product to the Bank’s Islamic Hire Purchase.

2. Summary (including client name)
We advised OSK Holdings Berhad (“Company”), a public listed company, in respect of the legal documentation for the Company’s Islamic term financing and Islamic revolving credit facility. Our work focused on reviewing, revising, and providing comments on the Company’s existing legal documentation (inclusive but not limited to the letter of offer and facility agreement) to incorporate the relevant revision as instructed by the Company and to ensure that such revision comply with the relevant Shariah regulations.

3. Summary (including client name)
We advised Urusharta Jamaah Sdn Bhd (“UJSB”) on the legal documentation in respect of the Islamic Securities Selling and Buying - Negotiated Transaction (“ISSBNT”) entered into between UJSB and three (3) agents i.e., Maybank Investment Bank Berhad, Kenanga Investment Bank Berhad, and CGS-CIMB Securities Sdn Bhd.

Capital Markets

1. Summary (including client name)
Advising QSR Stores Sdn Bhd (“Issuer”) and QSR Brands (M) Holdings Berhad (“Guarantor”) on the issuance of Islamic medium-term notes programme of up to Ringgit Malaysia One Billion (RM1,000,000,000.00).

2. Summary (including client name)
Acting as the legal solicitors of LSH Capital in the proposed transfer of listing and quotation of the entire issued share capital of LSH Capital from the LEAP Market of Bursa Securities to the ACE Market of Bursa Securities.

3. Summary (including client name)
Acting as local legal adviser and due diligence solicitors in respect of the listing of Super Hi International Holding Limited on the Nasdaq Stock Market.

Labour & Employment

1. Summary (including client name)
We represented 7-Eleven (Malaysia) Sdn Bhd (“7-Eleven”) in defending a claim instituted by an aggrieved former employee (“Plaintiff”) claiming to have been constructively dismissed. We successfully represented 7-Eleven in its application to strike out the Plaintiff’s Write of Summons and Statement of Case in arguing that the Plaintiff’s decision to bring his claim before the High Court is an abuse of process, as (i) he has failed to exhaust the statutory remedy provided for under the Industrial Relations Act 1967, and (ii) he has made an exorbitant claim of approximately RM4.7 million under the cause of action of wrongful/constructive dismissal, which is unsustainable in law.

The High Court’s decision to strike out the Plaintiff’s Writ of Summons and Statement of Case is significant as it is of importance to the correct recourse which aggrieved employees should avail themselves of in the event that they claim to be unjustly dismissed - underscoring the importance of exhausting the recourse available to aggrieved employees under the Industrial Relations Act 1967. The decision also highlights the Courts’ stance against abusing the forum of the civil courts to seek exorbitant damages which are unsustainable in law, and crystallises trite case law regarding the meagre damages which an aggrieved employee may recover, i.e. limited to their notice period, should they resort to recourse at the civil courts.

Projects and Energy

1. Summary (including client name)
Crystal and her team represented Sarawak Energy Berhad’s subsidiary SESCO in the first-ever contested emergency arbitration under the AIAC Arbitration Rules 2021 (concluded in May 2023). https://theedgemalaysia.com/node/666482

Tax

1. Summary (including client name)
Successfully represented HICOM Automotive Manufacturers Sdn Bhd (part of the DRB-HICOM Group) in judicial review proceedings to challenge the Director General of Customs’ decision to raise a bill of demand for over RM35 million in allegedly underpaid excise duties.

2. Summary (including client name)
Successfully represented Dyson Manufacturing Sdn Bhd, a Malaysian subsidiary of Dyson Limited, at the Court of Appeal to appeal against the High Court’s decision to impose goods and services tax, amounting to RM26,912,808.13, on research and development services that are exported and zero-rated by the Malaysian Government.

3. Summary (including client name)
Representing Lush Development Sdn Bhd and Tanda Bestari Sdn Bhd, both companies within the IOI Group, one of Malaysia’s leading listed property development groups, in judicial review proceedings against the Director General of Inland Revenue (“DGIR”) to challenge the DGIR’s refusal to refund taxes paid by the companies, amounting to over RM6.7 million, pursuant to Section 4C of the Income Tax Act 1967.