Azmi & Associates

Litigation & Arbitration, Dispute Resolution

Partner/Co-Deputy Managing Partner

Abu Daud graduated from the International Islamic University Malaysia (IIUM) with LL.B (Hons) in May 2002, and earned his second degree in Bachelor of Laws (Shariah) in April 2003 with First Class; whereupon he immediately joined the firm and commenced his pupillage under the supervision of the then partner, En. Mohamed Musa Mohamed Haneefa.

Abu Daud was called to the Malaysian Bar and admitted to the roll of Advocates and Solicitors in February 2004, and since his elevation to become a partner in 2011 is heading the Litigation and Arbitration Practice Group (3). Abu Daud is also an adjudicator under the Construction Industry Payment and Adjudication Act (CIPAA) 2012.

In his practice journey, Abu Daud has equipped himself with advocacy skills valuable to court proceedings as well as out-of-Court settlements. An avid learner, he embraces the Firm’s philosophy of continuous progress by supervising the most numbers of litigation practitioners at the Firm.

Abu Daud’s experience amongst others includes the following:

Reversing on appeal an Interlocutory Injunction resulting in the promissory note of RM800, 000.00 being honoured to the beneficiary. Setting aside a Mareva Injunction. Successfully obtaining an acquittal for a subsidiary company to a major oil and gas company in Malaysia for prosecution under the Malaysian Environmental Quality Act. Obtaining a Judgment preserving a private caveat beyond the statutory lifespan. Defending a client’s staff for a charge of culpable homicide not amounting to murder under Section 304 of the Penal Code. Acting as arbitration counsel for several construction disputes. Obtaining an Interlocutory Injunction for repossession of goods worth RM11 million. Recouping a portion of client’s substantial money lost due to forgery. Successfully defending a land development authority in a suit by the beneficiaries for alleged mismanagement of land development. Successfully recovering huge amount paid to the vendors on account of part payment in a frustrated transaction. Sustaining the certification of a Project Consultant of work done by a contractor and obtaining judgment against the contractor for defective work in a construction case. Obtaining sealed Court Orders confirming capital reduction of few companies within 1 month of the filing of the Court application. Delivering adjudication award in several disputes under the Construction Industry Payment and Adjudication Act (CIPAA) 2012. Handling the litigation of a dispute between the beneficiaries of the estate of a prominent statesman leading to an amicable settlement after more than 20 years of acrimony. Obtaining the restitutionary remedy of a sale transaction that was found to be void by the Court due to illegality. Securing refund of RM8.4 million additional tax assessments and penalty for an automotive distributor following the decision of the Special Commissioners of Income Tax that the taxpayer’s practice of writing down its assets was valid. Abu Daud and his team also sustained the decision on appeal by the Inland Revenue Board to the High Court and the Court of Appeal. Securing payment of the full sums due to ex-employees under a voluntary separation scheme resulting from the Court’s decision that the ex-employees are beneficiaries of the assets of the wound-up company administered by the liquidator under an implied trust.

English and Bahasa Malaysia

Advocate and Solicitor of the High Court of Malaya (2004)

LL.B (Hons), International Islamic University Malaysia (IIUM) (2002) LL.B (Shariah) 1st Class, International Islamic University Malaysia (IIUM) (2003)