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NEWS ALERTS & DEALS

CORPORATE DIVISION


Skrine advises HESS Exploration and Production Malaysia on its sale and bareboat charter-back arrangement with MISC Berhad

Skrine has advised HESS Exploration and Production Malaysia on its sale and bareboat charter-back arrangement with MISC Berhad in respect of the floating, storage and offloading facility (FSO) known as FSO Mekar Bergading which resulted in MISC acquiring ownership of the FSO from HESS in a deal with a reported contract value of USD441 million (RM1.78 billion).

Skrine’s team was led by Fariz Abdul Aziz assisted by associate Karyn Khor with tax partner Khong Siong Sie advising on taxation aspects of this mandate.

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Skrine advises Ekuiti Nasional Berhad on the acquisition of a 70% stake in FLEXI VERSA GROUP, 16 April 2018

Skrine advised Ekuiti Nasional Berhad (Ekuinas) in connection with its successful acquisition of a 70% stake in the share capital of Flexi Versa Group Sdn Bhd ("FVG”) for an enterprise value of RM330 million. With a 24-year history, FVG is a contract manufacturer that caters to global consumer electronics brands, specifically as a turnkey and components manufacturer focusing on the audio and consumer appliances segment. FVG operates seven factories in Malaysia and two in Vietnam and Indonesia, and is a Tier 1 and Tier 2 contract manufacturer to global consumer electronic brands such as Sony, Panasonic, Onkyo, Dyson and JVC Kenwood.

Partner Fariz Abdul Aziz led the team, supported by partners Tan Shi Wen, Foo Siew Li (on employment aspects) and Natalie Lim (on IP and personal data matters) together with associates Aaron Yong, Karyn Khor, Gordon Loo and Lee Mei Hooi.

Skrine acted as lead counsel in this transaction with Tilleke & Gibbins acting as Vietnam local counsel, Guido Hidayanto and Partners acting as Indonesian local counsel and Morgan Lewis Stamford LLC acting as Singapore local counsel.

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DISPUTE RESOLUTION DIVISION


Claim For Maintenance Charges on a Square Footage Basis Held to be Illegal by The Court of Appeal

A parcel proprietor in a complex known as Plaza 393, successfully appealed against the High Court’s decision to allow a claim by the management corporation of Plaza 393 (“MC”) for maintenance charges in excess of RM10 million.

The issue at the heart of the appeal was the computation of maintenance charges by the MC – which the MC levied on an area or square footage basis.

Our Dato’ Lim Chee Wee, Manshan Singh and Lee Mei Hooi acted on behalf of the parcel proprietor.

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High Court Sets Aside Rates Imposed Retrospectively by Local Authorities

The High Court had on 27 February 2018 declared that the Sabak Bernam District Council did not have the power to impose rates (better known as cukai taksiran) retrospectively upon a ratepayer. As a result, the High Court set aside more than RM 4,800,000.00 in rates that the District Council retrospectively charged the ratepayer and ordered the District Council to refund the said amount.

Our Vijay Raj and Tan Hui Wen acted for the ratepayer in both cases.

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INTELLECTUAL PROPERTY DIVISION


Honda Giken Kabushiki Kaisha v Malaysian Formula Bikes Sdn Bhd & MForce Bike Holdings Sdn Bhd

We acted for Malaysian Formula Bikes Sdn Bhd & MForce Bike Holdings Sdn Bhd, the Defendants in this action. The Plainitff, Honda Giken Kabushiki Kaisha brought a claim for copyright infringement of the 2-dimensional and 3-dimensional representations of its EX5 motorcycle against the Defendants. The Defendants challenged the subsistence of copyright in the 2-D and 3-D representations of the EX5 and the trial on the issue of subsistence of copyright was tried together with another suit involving a different company also accused of copyright infringement. On 24 November 2016, the High Court dismissed the suit brought by Honda against MForce Bike. The suit was filed by Honda against MForce Bike claiming infringement of copyright in the Honda EX5 motorcycle design. In coming to its decision, the High Court found that:

  • although the motorcycles produced by MForce Bike had similarities with the Honda EX5 motorcycle design, MForce Bike had established that it did not copy the Honda EX5 design as MForce Bike had followed a design used by its principal in Vietnam to produce its motorcycle.
  • As there was no infringement by MForce’s principal of the Honda EX5 design in Vietnam, MForce Bike, in producing its motorcycles based on its Vietnam principal’s design, cannot be considered to have infringed the Honda EX5 copyright in Malaysia.

Both the Plaintiff and Defendants have filed appeals to the Court of Appeal, albeit on different issues. It is expected that the substantive appeal would be heard in the later part of 2017.

EVENTS & ANNOUNCEMENTS

AUGUST 2018


2018 Lex Mundi Institute Cross-Border Transactions Program

Our senior associate, Mr. Addy Herg, will be joining the 2018 Lex Mundi Institute Cross-Border Transactions Program from 4 - 10 August 2018 in Monterey, California.

International Malaysia Law Conference (IMLC) 2018, 14 - 17 Aug 2018

We will be a part of an international session titled ‘Is Litigation Reclaiming the Edge Arbitration Once Enjoyed?’ in the upcoming International Malaysia Law Conference (IMLC) 2018. The conference will take place on the 14 – 17 August 2018 at The Royale Chulan Kuala Lumpur.

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JULY 2018


Enhancing Business Integrity Seminar, 3 July 2018

Our senior associate, Ms. Shaleni Sangaran, will be speaking at the Enhancing Business Integrity Seminar. The event will be held on 3 July 2018 at Medini Iskandar Malaysia, Johor. She will be speaking on the new corporate liability provision in the MACC Act.

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Tailoring Dispute Resolution Mechanisms: Asia and Africa in Focus Talk by AIAC Young Practitioners Group, 20 July 2018

Our partner, Sharon Chong, will be moderating at the Tailoring Dispute Resolution Mechanisms: Asia and Africa in Focus Talk by AIAC Young Practitioners Group. The event will be held on 20 July 2018 at AIAC, Kuala Lumpur.

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Singapore Insolvency Conference 2018, 23 - 24 July 2018

Our partner, Lee Shih, will be speaking at the Singapore Insolvency Conference 2018. The event will be held on 23 – 24 July 2018 at Marina Bay Sands Expo and Convention Centre. He will be speaking on ‘Enforcement in the Face of Insolvency and Solutions’ together with Nish Shetty (Partner in Clifford Chance Asia), Y C Chee (Senior Partner in RSM Corporate Advisory Pte Ltd), Debby Sulaiman (Partner in Hiswara Bunjamin & Tandjung) and Joshua Taylor (Senior Managing Director in FTI Consulting).

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JUNE 2018


Asset Recovery Asia Conference in Singapore, 5 - 6 June 2018

Our partner, Dato' Lim Chee Wee will be speaking at the Asset Recovery Asia Conference in Singapore. The event will be held on 5 – 6 June 2018 at Intercontinental Singapore. He will be speaking on Recent Developments in Worldwide Freezing & Disclosure Orders together with Ian Mann - Partner, Litigation & Insolvency, Harney Westwood & Riegels (Hong Kong).

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Fraud, Asset Tracing and Recovery Asia Conference in Hong Kong, 25 - 26 June 2018

Our partner, Dato' Lim Chee Wee, will be speaking at the Fraud, Asset Tracing and Recovery Asia Conference in Hong Kong. The event will be held on 25 – 26 June 2018 at Mandarin Oriental Hong Kong. He will be speaking on Asset Recovery in Recent High-Profile Corruption Cases Globally and Across Asia-Pacific Jurisdictions.

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ACCOLADES & AWARDS

Benchmark Litigation Asia-Pacific 2018

alb-mla-2018-winner

We are pleased to announce that our firm is recognised as a Top Tier Firm in the inaugural Benchmark Litigation Asia-Pacific 2018. Some of our partners were also listed in the rankings.

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Who’s Who Legal Awards 2018

alb-mla-2018-winner

We are pleased to announce that Skrine has once again been named Malaysia Law Firm of the Year. The award was conferred at the Who’s Who Legal Awards 2018 on 8th May 2018 in London, United Kingdom.

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Asian Legal Business Malaysia Law Awards 2018

alb-mla-2018-winner

Skrine has been ranked as Arbitration Law Firm of the Year and Maritime Law Firm of the Year.

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The Chambers Asia Pacific 2018 Rankings

Skrine has been ranked as Leading Firm for Dispute Resolution, Intellectual Property and Projects, Infrastructure & Energy.

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PDPA NOTICE

English | Bahasa Malaysia

" I have been pondering on why Providence has been so kind to Skrine & Co. up to date, and how this firm founded by a polo-playing Anglican Englishman, a bridge-playing Presbyterian Scotsman, a piano-playing Roman Catholic Irishman, a north country beer connoisseur Englishman (religion unknown) and an Ipoh Chinese Methodist managed to cohere as well as it did and to attract a string of Asian partners, and to keep and then expand its clientele."
- John Skrine (1922-1993)