Selected Cases
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Notable reported cases we’ve worked on over the years.
Luno Pte Ltd & Bitx Malaysia Sdn Bhd v Robert Ong Thien Cheng
M&M Editorial Team
Acted for Luno in the first cryptocurrency dispute in Malaysia on the recovery of Bitcoins by applying Section 73 of the Contracts Act 1950. The Court of Appeal recognised that Bitcoins falls within the definition of “thing” and allowed Luno’s claim to recover Bitcoins.
Safeguarding Shareholders’ Rights and Upholding Corporate Integrity in Landmark MOMPL vs. PCPP Case
M&M Editorial Team
PETRONAS Carigali, a shareholder of PCPP, appointed M&M to resist a claim filed by a contractor seeking to hold the shareholders liable for a total amount USD 100 million. The High Court held that the shareholders cannot be made liable for cash calls unpaid by the operating company. The Court of Appeal upheld the High Court’s decision and leave to appeal was refused by the Federal Court.
Malaysia’s First Recognition of Ship-to-FPSO Conversion as ‘Construction Work’ under CIPAA 2012 in Mir Valve vs. TH Heavy Engineering Case
M&M Editorial Team
The firm acted for Mir Valve in an action filed by TH Heavy Engineering to set aside an adjudication decision awarding USD 404,930.75. This is the first case in Malaysia to recognise that conversion work done to a ship into a Floating Production Storage and Offloading (“FPSO”) is construction work in the oil and gas industry under CIPAA 2012.
Overturning RM 2.3 Million Damages – Amprojek Construction Sdn Bhd’s Legal Victory Reshapes Property Law Landscape
M&M Editorial Team
The firm acted for Amprojek Construction and successfully overturned the judgment of the High Court on the issues of delivery of vacant possession and defect liability period amounting to approximately RM 2.3 million. The Court of Appeal in reversing the judgment of the High Court drew a distinction between defects and non-completion.
PNB Discharged in High-Stakes Garnishee Battle – Defending Against a USD 227.7 Million Judgment
M&M Editorial Team
Perembun Stex Corp Limited applied to garnish the accounts of PETRONAS to satisfy a judgment sum of USD 227,685,108.00 obtained against the Islamic Republic of Iran. M&M acted for PETRONAS and successfully opposed the application.