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NEWS & ALERTS

CORPORATE DIVISION


Skrine advises OMV Aktiengesellschaft on Malaysian law aspects of OMV’s strategic joint-venture partnership with Sapura Energy Berhad

Skrine has advised OMV Aktiengesellschaft (“OMV”) on Malaysian law aspects of OMV’s strategic joint-venture partnership with Sapura Energy Berhad (“SEB”) which involves OMV acquiring a 50% share of Sapura’s exploration and production business in a transaction potentially worth up to USD975 million.

The Skrine team was led by Partner, Fariz Abdul Aziz, together with Partners, Kwan Will Sen (Insolvency), Foo Siew Li (Employment), Lee Ai Hsian (Finance), and Tan Shi Wen (O&G). The team was supported by Senior Associate, Addy Herg, and fellow Associates, namely, Aaron Yong Tze Ken, Lee Mei Hooi, Karyn Khor, Alia binti Abdullah, Gordon Loo, and Tan Wei Liang.

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Skrine advises Ekuiti Nasional Berhad on the successful sale of its 60% stake held in Tranglo Sdn Bhd

SSkrine has advised Ekuiti Nasional Berhad (“Ekuinas”) on the successful sale of its 60% stake held in Tranglo Sdn Bhd (“Tranglo”) to TNG FinTech Group Inc., a global money remittance and financial services company. Tranglo, who has a presence in South East Asia, Hong Kong, China and Europe, is involved in the operation of a mobile financial transactions hub that enables cross-border airtime exchange, money transfer and bill payment.

Acting as lead counsel for Ekuinas, the Skrine team was led by partner, Fariz Abdul Aziz with assistance from associates Karyn Khor and Gordon Loo. Skrine had also earlier advised Ekuinas on its initial investment into Tranglo in 2015.

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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

DECEMBER 2018


International Arbitration Conference 2018, 6 - 7 December 2018

We are proud to be the Gold Sponsor for the upcoming International Arbitration Conference 2018, organised by CIArb Malaysia.

Our Partner, Dato’ Lim Chee Wee, will be the keynote speaker alongside with YAA Tan Sri Datuk Seri Panglima Richard Malanjum, the Chief Justice of Malaysia, as well as Peter Godwin, Partner of Herbert Smith Freehills.

Our Consultant, Mr. Vinayak Pradhan, will also be at the conference as a featured speaker.

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NOVEMBER 2018


Seminar on Business Ethics and Integrity, 8 November 2018

Our Partner, Ms. Lim Koon Huan, will be speaking at a seminar on Business Ethics and Integrity organised by the Federation of Malaysian Manufacturers (FMM). Her session is titled “Anti-trust / Competition and Its Role in Business Ethics". The event will take place on 8 November 2018 at The Royale Chulan Damansara Hotel, Petaling Jaya.

2018 Lex Mundi Asia/Pacific Regional Conference, 15 - 17 November 2018

We are pleased to announce that our Partners, Ms. Claudia Cheah, Ms. Loo Peh Fern, Ms. Kuek Pei Yee, and Mr. Fariz Abdul Aziz, will be at the 2018 Lex Mundi Asia/Pacific Regional Conference. The conference will be held on 15-17 November 2018, in Bangkok, Thailand.

We look forward to meeting and renewing ties with fellow practitioners.

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OCTOBER 2018


2018 Lex Mundi Europe/Middle East/Africa Regional Conference, 4 - 6 October

IBA Annual Conference 2018, 7 - 12 October 2018

We are pleased to announce that our partners, To’ Puan Janet Looi, Mr. Leong Wai Hong, Dato’ Philip Chan, Ms. Koon Huan Lim and Mr. Ashok Kumar Ranai, will be at the 2018 Lex Mundi Europe/Middle East/Africa Regional Conference; while Ms. Selvamalar Alagaratnam, Ms. Preetha Pillai and Mr. Vijay Raj will be at the IBA Annual Conference 2018. Both conferences will be held in Rome, Italy.

We look forward to meeting and renewing ties with fellow practitioners.

 
ACCOLADES & AWARDS

IFLR 1000 2019 Rankings

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IFLR 1000 2019 has ranked Skrine as a Tier 1 firm in four practice areas. In addition, eight of our lawyers were listed among the leading lawyers.

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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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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)