- Represented Dynacare Sdn Bhd, a subsidiary of Johan Holdings Bhd in an acquisition of a 71,980 sq m plot of leasehold industrial land in Lumut, Perak for RM27.3 million.
- Advised the Group in relation to the invitation by Johan Holdings to George Kent to acquire a 40% stake in Dynacare and related corporate and Regulatory initiatives.
- Presently appointed to represent George Kent (Malaysia) Bhd in Rubber Glove Venture which will be undertaken in 24 months for a contract sum of RM624.1 million, following its subscription of 40% stake for RM40 million in Dynacare.
- Represented George Kent International Pte Ltd, a wholly owned subsidiary and the international trading arm of George Kent (Malaysia) Berhad in a Joint Venture in Vietnam.
- Represented and advised the Group on other proposed Merger & Acquisition transactions.
Advised upon a wide range of legal issues arising from:
- acquisition of the Pamol Group, the review of the acquisition agreement, legal due diligence & advise on completion issues and contingent liabilities (RM567 million).
- Commodity sales contracts in respect of commodity and speciality products, claims over ownership, subrogation rights, rights of set off, causation and consequential loss in supply chain contacts etc.
- acquisition of Pan Century Group from Birla Group of India (RM 423 million).
- acquisition of Socteck Edible Oils (RM 2.05 million).
- recession of the acquisition of 24,117.82 hectares of land from Duta Land Berhad and settlement of the disputes (RM830 million).
- Joint Venture Agreements for plantations and development and disputes with consultants, contractors and purchasers in the various IOI Projects and Townships.
- Advised the Group in relation to its proposal to acquire Taipei IOI, in Taiwan. The transaction was valued at RM2.74 billion.
- Advised the Group in regard to its acquisition of Central Boulevard in Singapore. The transaction was valued at S$2.57 billion. We had also advised the Group in relation to its venture with Hongkong Land International Holdings Ltd and the exit from the said venture.
- We had rendered our views to the Group in regard to the initiation of a REIT Structure in Singapore.
- Advised IOI Properties Group Berhad on Joint Venture Proposals following its acquisition of the Marina View Site in Singapore for RM 4.7 billion. The development includes a luxury hotel and other assets.
- Regulatory issues arising from take overs and mergers and regulatory compliance.
In dispute resolution we have successfully represented the Group in:
- An action by former partners of the Pamol Group in a claim for over RM 180 million.
- Proceedings with the vendors of Pamol Group for alleged breaches of warranty.
- SIAC arbitration against the vendors of Pan-Century Edible Oils for breaches of warranties and claims relating to a water treatment plant at Pasir Gudang.
- Numerous domestic & cross border commodity trading claims and disputes.
- Action taken by RSPO on the Group’s certification.
Advised the Group on the setting of subsidiaries and establishments across the region, disputes in dealership agreements and recovery under importer-exporter structures. Successfully represented the Group in debt recovery dispute in connection its local agents.
Advised the Group on:
- construction law (Bandar Tasek Puteri, Low Yat Plaza, My Habitat);
- post-contractual issues arising from the sale of the Empire Tower and Yow Chuan Plaza;
- planning law arising from the implementation of the KL Master Plan (density, height and plot ratios), land acquisition arising from the MRT Line, Commercial Tenancies;
- planning issues related to the UN Heritage Status in Georgetown, Penang;
- legal and fiduciary issues;
- new developments in Penang including Marina 129, a proposed waterfront development by Bintang Holdings Sdn. Bhd;
- The closure of the Federal Hotel and the restructuring of the Hotel business into a more sustainable model;
- Represented a subsidiary of the Group in a complex transaction for the sale of an Indonesian Plantation valued at over RM200 million;
- Successfully defended the Group in claims by and against purchasers and commercial tenants at Low Yat Plaza and BB Park.
- Represented the Group in the transfer and conveyance of 3 properties from Mardec Berhad to Tradewinds Plantation Management Sdn. Bhd. valued at over RM40 million.
- Advised and acted for the Group on a wide range of contractual issues concerning the purchase of raw materials, the arbitration of disputes and the litigation of claims. In this regard we have dealt with regulatory standards concerning rubber, latex and the manufacture of specialty products thereon. We have extensively dealt with contractual structures concerning this commodity and the sale of finished products.
- Advised and represented the Company in regard to fiduciary and governance issues in regard to various aspects of their operations.
- Advised and represented the Company in regard to trade disputes and claims involving its subsidiary. We had been successful in achieving significant economies through a review of the incumbent Collective Agreement.
Represented the Group in a significant legal challenge involving its pension fund scheme, the disbandment of the scheme and the formula for dissolution thereof.
We have successfully represented the Group in:
- Fiduciary issues arising from plant administration, yield and commodity utilization;
- Legal challenges on the enhancement of the company’s obligations in the period of change over of control;
- Claims over commodity sales and non-delivery of raw materials;
- A dispute over the performance by Sulzer Chemtech Pte Ltd in connection with an Engineering Contract for Hybrid Reactive Distillation and membrane Plant. The project was funded via a public and private sector initiative.
The Group is a major player in the Food & Feed Sector in Asia. It is one of the most diversified and integrated grain, oilseed and oil processing concern, producing both food and feed ingredients.
We have represented them across the supply chain as buyers and as sellers. We have successfully represented them in claims and disputes over commodity trades and sales of specialty products and defended them in claims for consequential losses arising from variants in energy and other properties.
- Represented United Industries Sdn Bhd, a Company incorporated in 1973 and has over 40 years standing in automotive engineering in a Collaboration Agreement with Eberspächer Exhaust Technology GmbH, a German Company mainly engaging in exhaust business.
- Represented United Industries Sdn Bhd in a Collaboration Agreement with Dispol Chemicals Co. Ltd. and Bestex Kyoei Co. Ltd., Japan Companies which are engaging in the design and manufacturing of automotive part in connection of a technological review on fuel filler pipe to be installed in vehicle manufactured by Honda Malaysia Sdn. Bhd.
- Advised and represented the Group in relation to a post Joint Venture dispute involving a strategic parcel of land in Putrajaya which has been designated for a major mixed development venture.
- Advised the Group in regard to the acquisition of a Joint Venture Interest for the development of a strategic parcel of land in Putrajaya as part of the Precinct 7 Project.
Advised the Group upon legal and contractual issues in various projects worldwide. Services encompassed drafting, structuring and vetting agreements, advising upon financial solutions & establishing regional procurement units. The projects include:
- Supply, Installation, Testing, Commissioning and Maintenance of the Hospital Information Technology System for National Cancer Institute (Malaysia) (RM151.5million)
- Equipment Supply package and management contract for Prince Court Medical Centre (Malaysia) (€ 35,8 Million)
- Equipment Supply Contract and Consulting Services for Sungei Buloh Hospital (Malaysia) (RM 164.7 million)
- Equipment Consultancy Services in relation to the extension wing of National Heath Centre (Malaysia) (RM 1.8 million)
- Equipment Package for King Hamad General Hospital at Muharraq (Kingdom of Bahrain) (€ 52 million)
- Management Contract for Al Ain Hospital (United Arab Emirates)
- Joint venture with HNA Group for Hainan Island Healthcare JV Project (Hainan, China)
- Feasibility Study for Phuong Dong Medical Centre at Hanoi (Vietnam) (€ 66,558.24 90,000)
- Consultancy Agreement with the Faculty of Medicine Ramathibodi Hospital at Mahidol University (Thailand)
- Advisorial support for the redevelopment of the Project Hospital in Goroka, Papua New Guinea
- Advisorial support for the Equipment Package for Universiti Teknologi MARA
Advised a subsidiary of the Company in regard to fiduciary issues and trading contracts, guarantees, payment security and the enforcement of claims.