Constitutional, Public & Administrative Law

Overview

Our Expertise


The lawyers in this Practice Group combine a strong record of advising on administrative/public law matters with an understanding of Malaysian policy requirements in the various sectors and industries and a depth of litigation experience in appearing at all levels of the Malaysian Courts.

 

Notable Experience

  • Acted for a government linked corporation in the Federal Court (our apex court) in an appeal that dealt with a novel point of law pertaining to the interpretation of various sections in the Employees Provident Fund Act 1991.
  • Acted for the Malaysian Central Bank, Bank Negara in the Federal Court in an application by Bank Negara to intervene and be added as a party to an appeal with serious repercussions to the insurance industry on grounds of public interest.
  • Advised and acted for the Malaysian stock exchange in numerous judicial review proceedings and actions for injunctive relief filed by companies pursuant to decisions rendered by the stock exchange in the exercise of its powers of enforcement including the following:
    • Appeared before the Federal Court (our apex court) in the case of Wembley Holdings Berhad v Bursa Malaysia Securities Berhad ("Wembley"), (Federal Court Application No.: 08()-189-2008(W) which dealt with an application for an Erinford Injunction to restrain Bursa from de-listing Wembley's securities from Bursa's Official List. The appellate court decided in favour of the Bursa in that the court should be slow in interfering in the decisions of the Stock Exchange, in the exercise of its statutory duties as long as it exercises its duties in good faith, and in the accordance of due process.
    • Appeared before the Court of Appeal in the case of Bursa Malaysia
      Securities Berhad v Gan Boon Aun (Civil Appeal No. W-02-439-2008) opposing leave for Judicial Review. The Court of Appeal dealt with a novel point of law and affirmed that Bursa can proceed with and decide on the breaches of its rules and requirements independent of or concurrent with proceedings in Court on breaches by the same individual of any other written law, as long as it exercises its duties in good faith.
    • Appeared before the High Court in the case of Avangarde Resources Berhad & 2 Ors v Bursa Malaysia Securities (Shah Alam High Court Suit No. MT4-24-465-2006) where the Court granted a Declaration that a Restraining Order under Section 176 of the Companies Act 1965 does not extend to include Bursa's powers of de-listing.
    • Acted for the Stock Exchange in the case of Tengku Dato' Kamal Ibni Sultan Sir Abu Bakar & Ors v Bursa Malaysia Bhd [2010] 6 CLJ 581 to resist a judicial review application by certain directors against the imposition of fines of RM3 million and for recovery of RM16 million. Subsequently acted for the Stock Exchange in successfully obtaining an enforcement Order under the Capital Markets and Services Act 2007 to compel payment of the fines and for recovery of the RM16 million.
    • Acted for Bursa Malaysia Securities Berhad in resisting an action by a public listed company in relation to the suspension of that company's securities on the MESDAQ market.
    • Acted for Bursa Malaysia Securities Berhad to defend an application by a public listed company for judicial review of Bursa Malaysia Securities Berhad's decision to remove the securities of that company from the Official List.

 

 
ACCOLADES & AWARDS

Asialaw Profiles 2019 Rankings

Asialaw-Profiles-Outstanding-Firm-2019

Asialaw Profiles 2019 has ranked Skrine as an ‘Outstanding’ firm in seven industry and practice areas. In addition, 10 of our lawyers were listed among the leading lawyers.

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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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PDPA NOTICE

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