Team

Shareholders’ Dispute Litigation

• Acted as lead instructing solicitor and strategist in a multi-jurisdiction shareholders’ dispute involving more than 60 separate suits and appeals to the Privy Council, the Federal Court, the Singapore Court of Appeal and the Court of Appeal of the Eastern Caribbean Supreme Court.
• Acted for a shareholder to invalidate a corporate restructuring exercise involving a transfer of shares from a director and substantial shareholder or person connected to him.
• Acted for a shareholder in a shareholders’ dispute in respect of a company with net assets in excess of RM 1,500,000,000.00.
• Acted for a public listed company to claim for balance purchase price of sale of shares to another public listed company.
• Acted for a public listed company against a claim for breach of subscription and shareholders’ agreement.
• Acted for a company and its former director to oppose a derivative action and breach of fiduciary duties.
• Acted for a minority shareholder in an oppression action against the majority shareholders of a public company.
• Acted for a director to oppose a claim for breach of fiduciary duties.
• Acted for a company suing former director and trustee of the company for an account.

Commercial Litigation

• Acted for a purchaser to sue for breach of contract in a sale of plantation land and obtaining a Mareva Injunction and committal order against the vendor.
• Advised a group of companies for the recovery of more than RM50,000,000.00 against 2 directors of the group of companies for unauthorised directors’ fees.
• Acted for a company suing former director and trustee of the company for an account.
• Acted for a financial institution to intervene in an action by the Trustee and various bondholders against a defaulting bond issuer.
• Acted for various individuals of a family to oppose more than 50 suits by multiple financial institutions under financing and guarantee agreements.
• Acted for an individual to oppose the registration of a foreign judgment.
• Acted for a creditor to oppose the extension of a restraining order and a proposed scheme of arrangement.
• Acted for a public listed company to obtain a restraining order and an order to approve a scheme of arrangements.
• Acted for an investment bank to defend claims against brought against it for alleged dealings with its rogue dealer.
• Advised overseas casino operator on the recoverability of a loan granted to its guest in its London casino.
• Acted for a company to challenge freezing of its bank accounts by Government of Malayia under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2011 (“AMLA”).
• Acted for a haulier against a MNC oil and gas company for breach of a haulage contract.
• Acted for 2 individuals in a claim for breach of a joint-venture agreement and breach of trust relating to entitlements to shares in a listed company and the subsequent assessment of damages proceedings.
• Acted for a company suing ex-directors for breach of fiduciary duties.

Enforcement of Financing Agreements and Securities

• Acted for a financial institution to recover Islamic financing facilities of more than RM35 million granted to its customer.
• Acted for a company and a guarantor to dispute the recall of more than RM1 billion loan facilities by a leading commercial bank in Malaysia.
• Acted for a publicly listed company to oppose claims by financial institution to assist in restructuring Term Loan involving 11 Lenders.
• Acted for a borrower and its guarantors to oppose a claim by 2 financial institutions in respect of a short-term financing in excess of USD30 million.

Corporate Insolvency

• Acted for a company to obtain an injunction to restrain the filing of a winding-petition (Fortuna Injunction) against a creditor whose claim was disputed.
• Acted for shareholders to appoint a licensed liquidator of the shareholders’ choice instead of the opponent’s choice of one from the Big 4, for a company based in Sibu.
• Acted for financial institutions to appoint Receivers & Managers arising from a default in a RM80,000,000.00 financing facility.
• Acted for a public listed company to oppose a winding-up Petition filed by a financial institution.
• Acted for a shareholder to appoint a provisional liquidator of a company operating supermarkets.
• Acted for a financial institution to wind up a borrower.

Personal Insolvency

• Acted for a judgment creditor to oppose an application by a bankrupt to discharge a bankruptcy order.
• Acted for a judgment creditor to set aside the Director General of Insolvency’s withdrawal of an ongoing public examination mid-stream.
• Acted for a Judgment Creditor to set aside the discharge of a Bankrupt by the DGI.

Commercial and Civil Litigation

• Acted for various individuals of a family to oppose multiple financial institutions under financing and guarantee agreements.
• Acted for a public listed company to oppose a financial institution under financing and corporate guarantee agreements.
• Acted for a public listed company to oppose a winding-up Petition filed by a financial institution.
• Acted for an individual to oppose the registration of a foreign judgment.
• Acted for a company to set aside a Mareva Injunction disguised as an Injunction obtained by a financial institution.
• Advised a group of companies for the recovery of unauthorised directors’ fees against 2 of their directors.
• Acted for agent in a claim against the Insurance company for unpaid commission and to oppose the Insurance company’s counter suit against the agent for uncollected premiums.
• Acted for an investment bank to defend claims brought against it for alleged dealings by its dealer’s representative.
• Acted for a company for recovery of rental and vacant possession of premises against a company and its Receiver and Manager.
• Acted for a Singapore company to enforce a third party indemnity furnished by a public listed company in favour of its subsidiary company for the continuity and completion of construction services rendered and material supplied to its subsidiary company.
• Acted for a developer to enforce the call on a performance bond furnished by an insurance company which is disputed by the contractor.
• Acted for landlord to claim against tenant for unpaid rentals and vacant possession and consequential damages for wrongfully holding over possession.
• Acted for the ex directors of a company to oppose a Mareva Injunction obtained by the company in pursuit of its claim against them for alleged failure to declare their interest in projects, for breach of fiduciary duties and consequently for an account of profits.
• Acted for a contractor against a developer for payments certified by architect.

Shareholders Dispute Litigation

• Acted for the shareholders of a company to oppose a claim by another shareholder seeking the transfer of shares alleged to be held on trust by one of the shareholders and for an investigation and audit of the accounts of the company.
• Acted for a public listed company against a claim for breach of subscription and shareholders’ agreement.
• Advised 3 Singapore companies to oppose proceedings filed by a shareholder claiming to be oppressed who sought to wind up the companies.

Commercial litigation and arbitration

• Acted in corporate disputes that spawned 18 lawsuits (excluding appeals) and involved a total of 45 entities.
• Acted in corporate disputes comprising of 11 lawsuits and arbitration proceedings (excluding appeals) and involving 15 entities.
• Acted for shareholder in arbitration proceedings in respect of company with contract value of USD200 million.
• Acted in petition for winding-up on just and equitable ground in respect of company with assets of RM100 million.
• Acted for directors in suit for breach of directors’ fiduciary duties with damages claimed exceeding RM12 million.
• Acted in proceedings on oppression of shareholder.
• Acted in proceedings for various types of injunctions e.g., to restrain transfer of shares, to restrain removal of director, anti-arbitration injunction, Erinford injunction, Mareva injunction, and Fortuna injunction.
• Acted in proceedings for director’s auditor to inspect company’s accounting records.
• Acted in proceedings for stay of legal proceedings e.g., stay pending arbitration, stay pending another suit, and stay pending appeal.
• Advised on legal proceedings in foreign jurisdictions.

Civil litigation and arbitration

• Acted in contractual dispute on joint venture relating to properties valued more than RM50 million.
• Advised on contractual dispute with stakes exceeding RM350 million.
• Acted in banking dispute with claim of USD25 million.
• Acted in land fraud cases for original landowner, immediate purchaser, and subsequent purchaser.
• Acted in various types of contractual disputes e.g., sale and purchase agreement, settlement agreement, insurance, banking, guarantee, performance bond, tenancy, and professional fees.
• Acted in tortious claims e.g., conspiracy to defraud, negligence, trespass, inducing breach of contract, knowing receipt, and dishonest assistance.
• Acted in proceedings in relation to private caveat, lien-holder’s caveat, and Registrar’s caveat.
• Acted in contentious probate proceedings.
• Acted in contentious mental disorder proceedings.
• Acted in various execution and/or enforcement proceedings e.g., bankruptcy, winding-up, garnishee, writ of seizure and sale, prohibitory order, judgment debtor summons, charging order, and committal proceedings.

Land acquisition

• Acted in acquisition proceedings involving compensation more than RM115 million.
• Acted in acquisition proceedings involving compensation more than RM70 million.
• Acted in proceedings for payment of compensation more than RM38 million into Court.
• Acted in acquisition proceedings for various highway projects e.g., Grand Saga Highway (Cheras - Kajang), AKLEH Elevated Highway (Ampang – Kuala Lumpur), LEKAS Highway (Kajang - Seremban), DUKE Highway (Duta – Ulu Kelang), and SUKE Highway (Sungai Besi – Ulu Kelang).
• Acted in inquiries before the Land Administrator – for acquisition of land, temporary use of land, loss arising from withdrawn acquisition proceedings, etc.
• Acted in proceedings to enforce payment of compensation.
• Acted in law suit on fraud arising from acquisition proceedings.

Civil litigation and arbitration

• Acted in proceedings to challenge the immunity of an international organization.
• Acted in a development dispute relating to properties valued more than RM5 billion.
• Acted in various legal challenges on administrative decisions of public authorities e.g., planning decisions, licensing decisions, EIA decisions, construction adjudication authority decisions, and industrial court referral decisions.
• Acted in proceedings before professional and regulatory bodies e.g., the Board of Engineers
• Acted in various types of contractual and land disputes.
• Acted in tortious claims e.g., conspiracy to defraud, negligence, trespass, inducing breach of contract, knowing receipt, and dishonest assistance.
• Acted in proceedings in relation to private caveat, lien-holder’s caveat, and Registrar’s caveat.
• Acted in various execution and/or enforcement proceedings e.g., bankruptcy, winding-up, garnishee, writ of seizure and sale, prohibitory order, judgment debtor summons, charging order, and committal proceedings.

Commercial litigation and arbitration

• Acted for a real estate developer in arbitration and related proceedings involving a RM167 million contract.
• Acted for creditors in proceedings against directors and officers of companies for fraudulent trading involving HK$65 million.
• Acted for interest scheme companies in proceedings under the Interest Schemes Act 2016.
• Acted in corporate disputes that spawned 18 lawsuits (excluding appeals) and involved a total of 45 entities.
• Acted in petitions for winding-up on just and equitable ground in respect of companies.
• Acted in proceedings on oppression of shareholders and joint venture partners.
• Acted in proceedings for various types of injunctions e.g., to restrain transfer of shares, to restrain removal of director, anti-arbitration injunction, Erinford injunction, and Fortuna injunction.
• Acted in proceedings for stay of legal proceedings e.g., stay pending arbitration, stay pending another suit, and stay pending appeal.
• Advised on legal proceedings in foreign jurisdictions.

Commercial Litigation

• Acted for a Public Listed Company in a suit for breach of directors’ fiduciary duties, breaches of the provisions of the Companies Act 2016 and conspiracy to defraud and getting an award in excess of RM100 million in damages.
• Acted for a Public Listed Company and its major shareholders in a claim brought by a shareholder for breach of trust and breach of statutory duties pursuant to the Capital Market and Services Act 2007.
• Acted in proceedings on oppression of shareholders.
• Acted in various proceedings involving shareholders’ disputes.
• Acted in proceedings for various types of injunctions e.g Mareva (Freezing) Injunctions, Anton Piller, Erinford Injunction, to restrain the removal of directors and, to restrain the transfer of shares.
• Acted in petitions to wind up companies on various grounds e.g just and equitable, that the directors have acted in the affairs of the company in their own interests, etc
• Acted in proceedings for directors to inspect a company’s accounting records.
• Acted in proceedings for stay of legal proceedings e.g stay pending arbitration, stay pending appeal, stay pending the determination of other suits.

Commercial litigation and arbitration

• Acted in various judicial review proceedings, including acting for the state financial officer of Pahang.
• Acted for a company in proceedings against inter alia a state-owned national land development agency in a claim for inter alia unjust enrichment seeking damages of RM170 million.
• Acted on behalf of a Public Listed Company in a claim brought by a statutory body in  a contractual dispute in relation to an agreement to develop and install a financial software solution.
• Acted for a shareholder in a shareholders’ dispute in respect of a company with net assets in excess of RM 1,500,000,000.00.
• Acted for family members in a claim for wilful default and misconduct in the administration of the Estate of a deceased patriarch of a prominent family which has a substantial interest in a bank.
• Acted in proceedings for a company concerning the exercise of judicial functions in the Court of Appeal in relation to whether adverse findings made by the Court of Appeal showed a real danger of bias.
• Acted in an arbitration for inter-alia a Malaysian party for a claim brought by a company registered in the Kingdom of Thailand in relation to a contractual dispute involving a petroleum development project.

Notable Work Highlights

• Represented and advised a Malaysian company in an arbitration in London based on the ICC Rules in a complex dispute on contractual rights of an educational institutional in a collaboration agreement for undergraduate programmes.
• Represented a client in administrative proceedings on whether the change of status of the original land tenure from freehold to leasehold is ultra-vires and unlawful. The value of the land would increase threefold if the change of status of land was ultra-vires.
• Represented a Labuan entity in setting aside a null and void order (on grounds of illegality) wherein the entity was to pay approximately USD820,000.00.
• Represented parties against a renowned developer for compensation amounting to RM1 million arising from defects in the property wherein the property was said to be purchased on “as is where is basis”.
• Acted and advised parties in a suit for breach of directors’ fiduciary duties with damages claimed exceeding RM14 million.
• Represented parties in a complex Islamic banking dispute with a claim over RM21 million wherein the issue was on non-compliance of Shariah Advisory Council’s Resolutions as well as Shariah and the use of civil as well as common law in Islamic financing.
• Advised and represented a company in opposing a Scheme of Arrangement pursuant to section 366 of the Companies Act 2016. The debt due and owing to the company that supplied engines for naval combat ships was more than RM132 million.
• Acted in proceedings for various types of injunctions e.g., Anti-Suit injunction, Mareva injunction, Erinford injunction and Anton Piller injunction.
• Represented parties in tortious actions such as negligence and defamation.
• Represented a defendant in a claim by the Plaintiff arising from an illegal money lending transaction and the issue of restitution.
• Represented defendants in multiples suits which concluded in the suits being struck off and the plaintiff being declared a vexatious litigant wherein the decision was also upheld by the Federal Court.

Corporate and commercial

• Shehnaz has extensive and specialised experience in shareholders’ disputes, joint ventures, directors’ duties, company law actions and remedies, insolvency, just and equitable winding-up, and contractual and tortious disputes arising out of commercial transactions.
• She has represented a broad gamut of clients – private and public listed companies, conglomerates, and high profile and net-worth individuals, in the timber, tin, oil and gas, hospital management, and construction industries, to name a few.
• She is an instrumental member of a team of instructing solicitors advising on a multi-jurisdictional shareholders’ dispute involving a Malaysian family conglomerate, which spawned more than 60 suits in the courts of Malaysia, Singapore, and the British Virgin Islands, including the Privy Council.
• Most recently and notably, she successfully defended a RM123 million claim for breach of directors’ duties, fraud, and conspiracy to injure by a company against its former director, and at the same time successfully prosecuted a counterclaim for abuse of process.

Construction

• Shehnaz also specialises in construction law, where her practice straddles both contentious work (litigation, arbitration, and adjudication) as well as non- contentious work (advisory).
• Her non-contentious practice is unique in that it covers the full range of service that in-house counsel would provide (such as rendering advice regularly, drafting of contracts, letter-writing, vetting of documents, and general legal management of ongoing projects), but with the advantage of her knowledge of the law as well as experience in litigation and dispute resolution. The aim of her non-contentious practice is to secure strategic positioning and advantage for her clients and ensure contractual and regulatory compliance, with the objective of dispute avoidance.
• As for her contentious practice, Shehnaz represents the whole spectrum of clients, from a state development statutory body, to private and public-listed employers, contractors, and sub-contractors, in private as well as government developments and projects. She acted as lead counsel in Global Upline Sdn Bhd v Government of Malaysia [2016] 8 MLJ 441, the first reported case in Malaysia on the meaning of “practical completion”.

Enforcement of Financing Agreements and Securities

• Acted for a financial institution to recover Islamic financing facilities of more than RM35 million granted to its customer
• Acted for a borrower and its guarantors to oppose a claim by 2 financial institutions in respect of a short-term financing in excess of USD30 million
• Acted for an investment bank to recover margin financing facilities of more than RM35 million from a guarantor
• Acted for an investment bank to recover contra losses of more than RM6 million incurred by its corporate customer
• Acted for an investment bank to recover contra losses of more than RM4.9 million incurred by its customer

Civil and Commercial litigation

• Advised a group of companies for the recovery of more than RM50 million against 2 directors of the group of companies for unauthorized directors’ fees
• Advised an investment bank in complaints lodged by its customer relating to a stock financing facility entered into between its customer and a foreign fund company
• Acted for a stockbroking firm in a claim brought by its customer to impeach a Judgment obtained by the stockbroking firm
• Acted for an investment bank to defend claims brought against it for alleged dealings with its rogue dealer
• Acted for an investment bank to dispute demands made by its customers against it for alleged dealings by its dealer’s representative
• Acted for a major Japanese trading company to dispute third party claim brought against it
• Acted for a leading electronics distributor company in Singapore to recover debts owing by its customer
• Acted for a major port operator in West Malaysia to recover monies owing from its customer

Corporate and Personal Insolvency

• Acted for financial institutions to appoint Receivers & Managers arising from a default in a RM80 million financing facility
• Acted for a financial institution to wind up its borrower

Employment disputes

• Acted for a logistics company to defend an unfair dismissal claim brought against it by its ex-employee
• Acted for a major Japanese automotive parts distributor in claims against its ex- employees for breach of contract

Commercial Litigation

• Acted for a public listed company against a claim for breach of subscription and shareholders agreement. The company claimed that there was a breach arising out of the public listed company not being able to obtain shareholders’ approval for the subscription of the shares.
• Acted for a purchaser in a case of breach of contract and successfully obtained a mareva injunction and a committal order against the seller in the said suit.
• Advised overseas casino operator on the recoverability of a loan granted to its guest in its London casino.
• Acted for 2 individuals in a claim for breach of a joint-venture agreement and breach of trust relating to entitlements to shares in a listed company and the subsequent assessment of damages proceedings.
• Acted for a company suing ex-directors for breach of fiduciary duties.
• Acted for a bank in a claim by its customer for breach of safe deposit rental agreement.

Shareholders Dispute Litigation

• Acted as assisting instructing solicitor in a multi-jurisdiction shareholders’ dispute involving multiple separate suits and appeals to the Privy Council, the Federal Court, the Court of Appeal, the Singapore Court of Appeal and the Court of Appeal of the Eastern Caribbean Supreme Court.
• Acted for a company suing former director and trustee of the company for an account.
• Acted for a shareholder to invalidate a corporate restructuring exercise involving a transfer of shares from a director and substantial shareholder or person connected to him.
• Acted for a shareholder in a shareholders’ dispute in respect of a company with net assets in excess of RM 1,500,000,000.00.
• Acted for a public listed company to claim for balance purchase price of sale of shares to another public listed company.
• Acted for a public listed company against a claim for breach of subscription and shareholders’ agreement.

Corporate and commercial

• Shareholders’ disputes, directors’ duties, and company law actions and remedies.
• Corporate insolvency including just and equitable winding-up.
• Corporate rescue mechanisms including judicial management involving multiple subsidiaries of a public listed company.
• Contractual disputes in various industries including construction, technology, broadcasting, maritime, commodities trading and commercial property.
• Tortious disputes including conspiracy to injure, professional negligence and forgery of financial instruments.
• International arbitration involving a South-East Asian national oil company and a local storage terminal operator.
• Personal insolvency.

Civil litigation

• Execution and enforcement proceedings including order for sale, judgment debtor summons, committal proceedings and execution against the government.
• Interlocutory remedies including summary disposal, striking out and discovery.
• Injunctive relief including Fortuna injunction, Mareva injunction, Erinford injunction and prohibitory order.
• Judicial review.

Commercial litigation and arbitration

• Acted for shareholder in arbitration proceedings in respect of company with contract value of USD200 million.
• Acted for directors in suit for breach of directors’ fiduciary duties with damages claimed in excess of RM12 million.
• Acted in proceedings for various types of injunctions e.g., to restrain transfer of shares, anti- arbitration injunction, Erinford injunction, Mareva injunction etc.
• Acted in proceedings for stay of legal proceedings e.g., stay pending arbitration, stay pending another suit, stay pending appeal,.

Civil litigation

• Acted in various land fraud and forgery disputes
• Acted in various types of contractual disputes
• Acted in tortious claims e.g., conspiracy to defraud, negligence, trespass, inducing breach of contract, knowing receipt, dishonest assistance, etc.
• Acted in contentious high-stakes administration of estates proceedings
• Acted in disputes relating to stratified and non-stratified properties in Court and Tribunal
• Acted in various execution and/or enforcement proceedings e.g., garnishee, writ of seizure and sale, prohibitory order, judgment debtor summons, committal proceedings, etc.
• Acted for landowners in compulsory land acquisition proceedings before the Land Administrator and in Court and inter alia obtaining compensation in excess of RM38 million in one such case, enforcing payment of compensation, obtaining compensation for loss arising from withdrawal of acquisition, etc.

Corporate and Commercial Litigation

• Acted for a shareholder and bondholder to recover shares and bonds valued over RM500 million held on trust on his behalf.
• Acted for a company in suing its former directors for breach of directors’ duties in a claim exceeding RM15 million.
• Acted for a company in suing its former director and senior management executive as trustee for an account of the company’s investment assets valued over RM19 million.
• Acted in proceedings on shareholders’ dispute and oppression action involving multiple separate suits and appeals.
• Acted for a company resisting director’s request for inspection of accounting records.
• Acted in petitions for winding-up of companies on just and equitable ground.
• Acted for a foreign company in initiating winding-up petitions against Labuan companies on grounds of inability to pay debts.
• Acted for shareholders to remove the opponent’s choice of liquidator who was from one of the Big 4 accounting firm in respect of companies within a conglomerate group.
• Acted for a creditor to oppose an application by a bankrupt to discharge a bankruptcy order.
• Acted for a judgment debtor in setting aside a judgment in default and subsequently the creditor’s petition filed in the bankruptcy court.
• Acted for a listed company, its subsidiaries and director in a claim for breach of confidential information, copyright and patent infringement, conspiracy to injure and unlawful interference with trade.

Civil Litigation

• Acted in contentious administration of estate proceedings involving overseas assets.
• Acted for a purchaser in a sale and purchase agreement dispute and successfully preserved and secured the client’s interest through a Mareva Injunction and a committal order.
• Acted for a haulier against a MNC oil and gas company for breach of a haulage contract which led to a positive resolution for our client.
• Acted in proceedings for stay of legal proceedings e.g., stay of winding-up pending post-winding-up applications and stay pending appeal.
• Acted in various execution and/or enforcement proceedings e.g., bankruptcy, winding-up, writ of seizure and sale, prohibitory order and committal proceedings.
• Advised a building Management Corporation on a potential action against a utility service provider.
• Advised a chemical manufacturing company on the domestic inquiry and termination of employment of a senior manager in the company.
• Advised foreign solicitors on discovery against a Malaysian citizen in aid of foreign proceedings and Whistleblower Protection Act 2010.