LHAG Advocates And Solicitors LHAG Advocates And Solicitors

Who We Are

A journey over 100 years in the making

  • 1902, Allen & Gledhill was founded in Singapore.
  • 1959, Allen & Gledhill Malaysia was set-up.
  • 1972, Allen & Gledhill became an independent law firm, with practices based in Kuala Lumpur, Penang and Johor.
  • 1993, Lee Hishammuddin was founded by a team of dynamic lawyers.
  • 2005, partners of Lee Hishammuddin and Allen & Gledhill combined their strengths to form the present firm.

Today, we are based in Kuala Lumpur with branches in Johor Bahru and Penang.

2016 LHAG Advert

 

CHAMBERS ASIA PACIFIC 2016

National Law Firm of the Year 2016 for Dispute Resolution

Chambers-Asia-logo-224x300 National Law Firm of the Year 2016 for Dispute Resolution
   

CHAMBERS ASIA PACIFIC 2018

CHAMBERS ASIA PACIFIC 2017

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  Band 1

Leading Individuals – Dispute Resolution

Other Individuals

  Band 1

Leading Individuals – Dispute Resolution

Other Individuals

   

The Legal 500 Asia Pacific 2018

The Legal 500 Asia Pacific 2017

Top_tier_firms Top_tier_firms
Tier 1

Tier 2

Leading Individuals

Tier 1

Tier 2

Leading Individuals

   

Benchmark Litigation Asia-Pacific 2018

ALB Arbitration Law Firm of the Year 2017

 ALB-MLA-2017-Winner-Badge
   

In-House Community Commended External Counsel of the Year 2017

ASIAN-MENA Counsel ‘IN-HOUSE COMMUNITY FIRM OF THE YEAR in MALAYSIA’ - 2017

IHC_FOTY_2017
  • Employment
  • Environmental
  • Litigation and Dispute Resolution
  • Taxation

IHC_FOTY_MostResponsive2017

 

Asia Pacific Legal 500 (2018)

Dispute Resolution - Ranked: Tier 1 Lee Hishammuddin Allen & Gledhill’s disputes team is one of the largest in the country and receives praise for its ‘creative and pragmatic approach to instructions’. It acted for Maybank, as the issuer of a letter of credit, in an over €29m dispute arising from an underlying contract involving several parties. Other clients include Telekom Malaysia, Malaysia Airlines and Sunway Holdings. Lambert Rasa-Ratnam, Rosli Dahlan, Nitin Nadkarni and Kumar Kanagasingam lead the practice. Darshendev Singh was made partner. Intellectual Property - Ranked: Tier 1 Lee Hishammuddin Allen & Gledhill’s ‘business-oriented’ team ‘goes the extra mile and produces good results’. Bahari Yeow ‘impresses by achieving pragmatic solutions for his clients’, and Adlin Abdul Majid is noted for his expertise and knowledge; both head the practice. Previous work highlights have included representing Philip Morris in a trade mark infringement and passing off dispute. The government of Malaysia and LVMH Moët Hennessy Louis Vuitton have also been clients. Islamic Finance - Ranked: Tier 1 Lee Hishammuddin Allen & Gledhill is known for its expertise in sukuk issuances and works for clients active in a wide variety of Islamic finance matters such as syndicated loans, club deals, project finance, asset finance and capital markets transactions. Megat Hizaini Hassan advised AmBank Islamic (formerly AmIslamic Bank) on its collaboration with the State Government of Johore related to an Islamic financing for a state-driven housing scheme in Johore for a total value of RM300m. Highlights also included assisting AmInvestment Bank with the upsizing of Sabah Credit Corporation’s existing Islamic commercial papers programme of up to RM750m as well as its MTN programme valued at RM1.5bn, conducted under the Shariah principle of Musharakah. Tay Weng Hwee heads the department. Labour & Employment - Ranked: Tier 1 Leading employment practitioners Heng Seng Lim and Thavalingam Thavarajah head the ‘excellent’ employment department at Lee Hishammuddin Allen & Gledhill. Highlights included advising the South East Asian Central Banks (SEACEN) Research and Training Centre in two judicial reviews related to unfair dismissals connected to a SEACEN restructuring process. Other clients include Universiti Utara Malaysia, CIMB Bank and Chevron Malaysia. Real Estate & Construction - Ranked: Tier 1 Lee Hishammuddin Allen & Gledhill’s real estate and construction practice advises clients on the sale and purchase of land, as well as housing, retail, hospitality and industrial project developments; it has a particular expertise in real estate finance, acting for lenders and borrowers alike. Its lawyers are also experts in construction disputes before the courts and in arbitration proceedings. Real estate transactional department head Tay Weng Hwee is acting for UEM Sunrise in its joint venture with The Malay College Old Boys Association (MCOBA) for the construction of the latter’s new headquarters as well as a mixed development in Seputeh. It is also advising Malaysia Pacific Corporation on its joint venture with the associated company of Chun Fu Construction (Taiwan) to develop thirteen pieces of land in Pasir Gudang Johor. Tay and director of the construction disputes practice Nitin Hadkarni heads the group, which includes the ‘experienced’ Rosli Dahlan together with Ooi Bee Hong, Megat Hizaini Hassan and Aaron Gerard Sankar. Tax - Ranked: Tier 1 Lee Hishammuddin Allen & Gledhill houses the largest specialised tax team in the country. Recent highlights included acting for Tenaga Nasional in the biggest tax litigation in the country against the Malaysian tax authority in a challenge to a RM2bn tax bill. Heads of practice D.P. Naban and Saravana Kumar are assisting Petronas Group with more than 50 tax appeals based on a variety of grounds. A list of selected clients includes Syarikat SESCO, Berjaya Times Square and Perumahan Kinrara.  IT & Telecoms (TMT) - Ranked: Tier 1 Lee Hishammuddin Allen & Gledhill has a proven track record acting for corporations in regulatory, licensing, compliance and data protection matters. Adlin Abdul Majid is the key contact for transactional and regulatory issues, the telecom disputes practice is headed by G Vijay Kumar, while the IT disputes section is jointly led by Bahari Yeow and SM Shanmugam. Highlights for the practice have included advising Oracle on its eligibility to apply as a foreign corporation for a Multimedia Super Corridor (MSC) status, an initiative by the Government of Malaysia to attract foreign and local investment into the country. Antitrust and Competition - Ranked: Tier 2 Lee Hishammuddin Allen & Gledhill is reputed for its work in competition matters, acting for foreign investors, government-linked corporations and public companies. Adlin Abdul Majid, who advises clients on compliance with the Competition Act, and Ooi Bee Hong, who is regularly involved in matters connected to foreign direct investment (FDI), both lead the practice. The group advised a major banking corporation on competition issues connected with a proposed bank-assurance agreement; it has also provided constant competition law training to employees of a corporation that recently merged. Banking and Finance - Ranked: Tier 2 Lee Hishammuddin Allen & Gledhill advises on syndicated loans, project finance, equipment financing and leasing, bank branch openings and regulatory matters, among others. Weng Hwee Tay leads the practice, which includes Megat Hizaini Hassan and Eu Jin Ong. Kenanga Investment Bank, United Overseas Bank, RHB Bank and Majlis Amanah Rakyat (MARA) are clients. Corporate and M&A - Ranked: Tier 2 Lee Hishammuddin Allen & Gledhill’s corporate practice is ‘top level, punctual, professional and good value for money’ according to one source. Highlights for the practice included acting for Reliance Holdings on the complex sale of the substantial and remaining stake in listed corporation Reliance Pacific in an RM200m operation, and advising Perusahaan Minyak Sawit Bintang and Yong Peng Realty (both subsidiaries of I&P Group) on the sale of business assets, including land, machinery, equipment and vehicles, to Sime Darby Plantation. Practice head Tay Weng Hwee and Ooi Bee Hong are key contacts.


Asia Pacific Legal 500 (2017)

Dispute Resolution - Ranked: Tier 1 Lee Hishammuddin Allen & Gledhill’s ‘very efficient and accommodating team’ is led by Lambert Rasa–Ratnam. He, and the ‘creative, pragmatic and professional’ SM Shanmugam, represented the Securities Commission in a civil action against seven defendants regarding market manipulation of shares. Rosli Dahlan is the head of corporate disputes, and, in representing scholar Kassim Ahmad, mounted a successful judicial review application against the Jabatan Agama Islam Wilayah Persekutuan (JAWI) and others regarding constitutional breaches. Nitin Nadkarni leads in real estate and construction litigation, while Kumar Kanagasingam is the head of banking disputes. Andrew Chiew is ‘smart, alert and knowledgeable’. Labour & Employment - Ranked: Tier 1 Lee Hishammuddin Allen & Gledhill’s ‘excellent’ employment department is led by Lim Heng Seng, who focuses on corporate advisory work as well as handling selected disputes, and Thavalingam Thavarajah, who primarily focuses on Industrial Court litigation. Highlights included successfully arguing a novel point of law in the Federal Court for Unilever and representing the British International School of Kuala Lumpur in a judicial review application. Real Estate & Construction - Ranked: Tier 1 At Lee Hishammuddin Allen & Gledhill, construction practice head Nitin Nadkarni handled a number of high–value disputes. Tay Weng Hwee, the head of transactional real estate, and Ooi Bee Hong advised developers on significant sales and purchases. Rosli Dahlan leads in real estate disputes. Clients include 1MDB, Siemens and Johor Corporation. Tax - Ranked: Tier 1 Lee Hishammuddin Allen & Gledhill’s ‘highly responsive and technically sound’ team is led by DP Naban and the ‘very personable and hardworking’ Saravana Kumar. The pair represented Tenaga Nasional in a RM20bn tax dispute and won two appeals before the Special Commissioners of Income Tax for Petronas. Other clients include British American Tobacco, Maybank and Sunway REIT. IT & Telecoms (TMT) - Ranked: Tier 1 Lee Hishammuddin Allen & Gledhill’s clients include Telekom Malaysia and Malacca Foundation. The firm handles a large number of disputes in this sector and advises on procurement and regulatory compliance. G Vijay Kumar, SM Shanmugam and the ‘experienced’ Adlin Abdul Majid are names to note. ISLAMIC FINANCE - Ranked: Tier 1 Lee Hishammuddin Allen & Gledhill’s clients include AmInvestment Bank, RHB Investment Bank, HSBC and Maybank Islamic. Megat Hizaini Hassan advises on sukuk issuances, syndicated loans and shari’ah–compliant capital markets transactions. Weng Hwee Tay heads the financial services practice group. Banking & Finance - Ranked: Tier 2 Lee Hishammuddin Allen & Gledhill’s clients include Kenanga Investment Bank, RHB Bank and CIMB Bank, as well as numerous international financial institutions. Practice head Tay Weng Hwee has particular expertise in mezzanine finance transactions. Megat Hizaini Hassan is another name to note. Corporate and M&A - Ranked: Tier 2 Highlights for Lee Hishammuddin Allen & Gledhill’s practice head Tay Weng Hwee included acting for Apollo Management VIII on acquiring the entire equity interest of OM Group. Aaron Gerard Sankar advised Penang Development Corporation on forming a joint venture with Esta Investments. Other names to note include Ong Eu Jin, who handled the first Malaysian unit split of a REIT for Axis–REIT, and Ooi Bee Hong. INTELLECTUAL PROPERTY - Ranked: Tier 2 The ‘excellent’ Lee Hishammuddin Allen & Gledhill is ‘a reliable partner when it comes to complex IP matters’. Adlin Abdul Majid and the ‘very experienced, knowledgeable and articulate’ Bahari Yeow jointly head the practice. The firm represented Philip Morris in a trade mark infringement and passing off case, and also acted for the government of Malaysia and LVMH Moët Hennessy Louis Vuitton.


Asia Pacific Legal 500 (2016)

Dispute Resolution - Ranked: Tier 1 The ‘exceptionally committed’ team at Lee Hishammuddin Allen & Gledhill is ‘excellent in all respects’ and ‘able to work to a very tight schedule in demanding circumstances’. Practice head Lambert Rasa-Ratnam represented the Securities Commission in civil action against seven individuals for market manipulation of shares. While heading corporate disputes, Rosli Dahlan was equally successful in constitutional and fundamental rights cases in the Borders Bookstore and Kassim Ahmad cases declaring state religious enforcement actions as void. Nitin Nadkarni, the head of construction disputes, is a prolific arbitrator as well as being ‘the authority on defamation’. Kumar Kanagasingam focuses on banking and insolvency disputes. The ‘knowledgeable’ Vijay Kumar and the ‘experienced and very professional’ SM Shanmugam are highly regarded. Labour & Employment - Ranked: Tier 1 Lee Hishammuddin Allen & Gledhill’s head of employment, Lim Heng Seng, focuses on advisory work but also handles selected disputes. Thavalingam Thavarajah is a litigator who, on behalf of Maybank, successfully overturned an unfair dismissal case ruling of the Industrial Court. Nestlé, CIMB and the International Rescue Committee are clients. Real Estate & Construction - Ranked: Tier 1 Lee Hishammuddin Allen & Gledhill’s corporate partner Tay Weng Hwee has handled significant real estate financings and land purchase agreements, and Ooi Bee Hong acts for construction companies in major purchases. Construction disputes practice head Nitin Nadkarni also covers arbitration matters and represented Johor Corporation in a High Court suit against contractor RNZ relating to a tank farm facility in Johor. Tax - Ranked: Tier 1 The ‘excellent’ team at Lee Hishammuddin Allen & Gledhill successfully represented Petronas Chemicals Marketing in a tax appeal before the Special Commissioners of Income Tax. Representing another client, it obtained leave to quash a decision to uplift the value of cigarettes for sales tax purposes. On the non-contentious side, the firm is held on retainer by Tenaga Nasional to advise on GST queries, and assists Dyson Manufacturing with issues relating to investment tax allowance (ITA) and industrial building allowance (IBA). Practice head D.P. Naban and Saravana Kumar both display ‘technical knowledge and high levels of commitment and integrity’. Banking & Finance - Ranked: Tier 2 Lee Hishammuddin Allen & Gledhill’s practice delivers ‘very satisfactory’ work and team head Tay Weng Hwee has particular expertise in mezzanine financing. Also recommended are Ong Eu Jin and Angeline Cheong, both advised CIMB Bank regarding facilities totalling RM100m granted to Petron Malaysia. RHB Bank, Maybank and Bangkok Bank are also clients. IT & Telecoms - Ranked: Tier 2 Lee Hishammuddin Allen & Gledhill’s ‘excellent’ team is led by Bahari Yeow and provides regulatory, compliance and licensing advice, as well as assisting clients in corporate transactions and contentious matters. Telekom Malaysia is a major client. Adlin Abdul Majid is a well-known PDPA expert.


CHAMBERS ASIA PACIFIC (2018)

Dispute Resolution – Band 1 Standout disputes team, drawing on a strong bench of high-quality lawyers. Its diverse expertise spans company, banking, insolvency and real estate cases, as well as construction arbitration. Regularly acts for leading domestic and international clients in a variety of sectors, including energy and finance. Strengths (Quotes mainly from clients):

  • "The lawyers' responsiveness and accessibility is impressive. They provide prompt responses to all of our queries and deliver a quick turnaround of work."
  • "exceptional sense of professionalism" and its "strong rapport with clients."
  • "really impressed with their quality in a short period of time."

Work highlights: Represented Maybank in a dispute over a letter of credit, which had been issued to cover Southern HRC's contractual payment to Danieli & C. Officine Meccaniche. Assisted Sentul Raya with filing for a judicial review in opposition to the compulsory acquisition of 11 plots of its land towards the Mass Rapid Transit Sungai Buloh-Serdang-Putrajaya project, which was worth a combined MYR2 billion. Notable practitioners: Nitin Nadkarni is a renowned name in the construction disputes arena, with strong expertise as a litigator and arbitrator. He often presides over energy and infrastructure cases, while also handling general commercial disputes. He defended several parties, including Malaysia Airlines, against a judicial review application by Malaysian Airline System Employees Union relating to travel allowances. Lambert Rasa-Ratnam maintains a market-leading reputation, acting on both litigation and arbitration. His broad focus includes banking, company, land and contractual disputes. He was involved in assisting Sunway Holdings with a sale and purchase agreement dispute in the property space. Rosli Dahlan is especially notable for his combined knowledge of civil law and Shari'a. He acts on a range of corporate disputes, including shareholder and property matters. He played a key part in representing United Allied Empire against the compulsory purchase of its land by the Selangor Islamic Religious Department. Andrew Chiew Ean Vooi is especially active on banking and insolvency cases, on behalf of both domestic and international clients. He defended Al Rajhi Banking & Investment Corporation against a void disposition and undue preference claim by the liquidator of Inai Offshore. Sean Yeow particularly focuses on banking and insolvency litigation, often acting for financial institutions, liquidators and receivers. He represented Bukit Kiara Development in a balance of purchase price dispute relating to the sale of land. Employment & Industrial Relations – Band 1 Leading employment practice, typically representing employers in both contentious and non-contentious matters. Regularly represents clients in litigation, including unfair dismissal cases, as well as advising on issues such as employee transfers, redundancies and trade union matters. Advises domestic and international clients from numerous sectors, including finance, energy and retail. Strengths (Quotes mainly from clients):

  • "quality of service and effectiveness of communication."
  • "their strength is co-operation and working together."

Work highlights: Acted for CIMB Bank in a constructive dismissal claim in the Court of Appeal, which had been brought against the client by a former CEO. Represented Chevron Malaysia in defence of an unfair dismissal claim in the High Court, which was linked to redundancy as a result of the client's company-wide restructuring. Notable practitioners: Lim Heng Seng is a highly experienced practitioner with a particular emphasis on employment advisory work. He especially focuses on staff migration, trade union, benefits and termination matters. He advised Cabot Malaysia on a judicial review application brought by an employee, in relation to a claim for constructive dismissal. Thavalingam Thavarajah is a renowned employment litigator, advising leading global and local companies on high-profile cases. A client attests: "I recommend him a lot; he is able to work on good solutions." He acted for Lotus Engineering Malaysia in an unfair dismissal claim by six foreign employees, in a case related to the closure of the company's Malaysian operations. Tax – Band 1 First-rate tax practice which is highly regarded in the market both for the size of its team and for its list of high-profile local and multinational clients. Especially strong on disputes, the team regularly handles high-profile tax appeals on issues such as income and withholding tax, transfer pricing and investment allowance. Also offers commendable advisory services, including on GST regulations. Strengths (Quotes mainly from clients):

  • "they are one of the top legal firms where tax litigation matters are concerned."
  • "The firm is very capable and gives us the distinct feeling that we can trust their advice."

Work highlights: Represented Tenaga in a high-value reinvestment allowance dispute against the Inland Revenue. Advised Petronas Group on numerous tax appeals, including issues relating to export duty, research and development and advertising issues. Notable practitioners: Highly experienced practitioner D P Naban maintains a standout tax disputes practice, especially regarding GST and customs issues. Impressed sources note that he does "a fantastic job; he is very clear, concise and impressive." He also advises on stamp duty, transfer pricing and tax planning for high-profile companies as well as private clients. Clients say that Saravana Kumar Segaran is "excellent both as an adviser and a litigator: he understands our business, picks up issues quickly and provides solutions." Further appreciative sources report that he "thinks outside the box and is aggressive," with particular expertise in customs, tax audits and transfer pricing. He represented Syarikat SESCO in its claim for reinvestment allowance concerning its interests in Sarawak.


CHAMBERS ASIA PACIFIC (2017)

Dispute Resolution – Band 1 Standout disputes team, drawing on a strong bench of high-quality lawyers. Handles an impressive breadth of cases, including shareholder, banking, insolvency and real estate litigation. Also maintains a well-reputed construction disputes practice. Strengths (Quotes mainly from clients):

  • "They can explain complex issues in an extremely simple and effective manner."
  • "precise and detailed advice," describing the team as "very efficient and resourceful."

Work highlights: Acted for the Securities Commission of Malaysia in a case brought against a group of individuals for alleged manipulation of shares in a publicly listed company. Acted successfully for the Rubber Industries Smallholder Development Authority in a High Court land ownership action, brought by a co-operative and valued at around MYR2.6 billion. Notable practitioners: Nitin Nadkarni is a leading name in the construction dispute resolution space, described by clients as "extremely knowledgeable in terms of law and process, and very eloquent." He is especially active in the power and infrastructure arena, often acting as arbitration counsel in disputes in this sphere. Lambert Rasa-Ratnam is a highly experienced litigator, admired by sources as a determined and "very polished performer." He acts as both litigation and arbitration counsel across areas which include company, insolvency and administrative law, lately playing a leading role defending the Malaysian Bar and Bar Council against widely reported allegations under consideration by the High Court. Rosli Dahlan is noted for his adept handling of shareholders' disputes as well as those involving questions of Shari'a law. He lately acted successfully for a noted Muslim scholar in widely publicised High Court and Court of Appeal proceedings, addressing significant religious freedom and jurisdictional issues. Sean Yeow focuses on banking and insolvency litigation, often acting for financial institutions and liquidators. He also acts extensively on civil and corporate matters, including contractual disputes. Andrew Chiew Ean Vooi is praised by clients, not only as a "technically very sound" practitioner, but also as someone who "knows his work and produces really good arguments." Within a versatile corporate range he focuses closely on banking and insolvency issues, recently acting for the MIE Group in a MYR200 million shareholders' dispute involving claims of breach of fiduciary duty and fraud. Significant clients: Berjaya Land, Itochu Plastics, Khazanah Nasional, Maybank, Telekom Malaysia. Employment & Industrial Relations – Band 1 Leading employment practice, typically representing employers in both contentious and non-contentious matters. Regularly advises high-profile companies on the full range of employment issues, as well as handling litigious work such as unfair dismissal claims. Assists clients from numerous sectors, especially finance. Strengths (Quotes mainly from clients):

  • "I'm very happy with their service - they're very professional and a one-stop shop for our needs and requirements."
  • "The service has been very good - they are prompt in updating us and very attentive, ensuring that they come to the office to meet face-to-face."
  • "We're very pleased with them - they're very punctual."

Work highlights: Acted for Unilever in a matter concerning whether an employee could receive compensation in place of reinstatement. Notable practitioners: Lim Heng Seng is a vastly experienced and highly regarded practitioner, often advising high-profile companies on issues relating to trade unions and employment regulations. He "has the ability to explain complex situations in a very clear manner," according to a client. He assisted the British International School of Kuala Lumpur with a dispute involving a former teacher. Thavalingam Thavarajah enjoys much respect as an employment litigator, acting for employers on a range of important cases. He represented Unilever in a matter regarding payment of compensation to an employee in lieu of reinstatement. Clients describe him as "quick, accommodating to clients and very solution driven." Significant clients: Cabot Specialty Chemicals, CIMB Bank, Malayan Banking, Perdana Petroleum, Unilever. Tax – Band 1 First-rate tax practice which is highly regarded in the market for both the size of its team and its list of high-profile local and multinational clients. Handles an array of complex litigation cases as well as advisory work, including advising on the implementation of goods and services tax (GST). Maintains an impressive client base in the oil and gas, and banking and finance industries. Strengths (Quotes mainly from clients):

  • "in-depth knowledge of tax law and ground-breaking legal arguments."
  • "They won almost all cases they represented in different stages of courts - the firm provides a total solution to taxpayers."
  • "The service we got was really good - the turnaround time was fantastic."
  • "They are willing to accommodate us even if there's a short timeline, and are willing to go beyond what they're supposed to do - we feel we're getting our money's worth."

Work highlights: Acted for Petronas Samarang in a tax appeal to the Special Commissioners of Income Tax. Successfully secured the dismissal of the penalty by citing technical adjustment. Represented Ambank in a case pertaining to the deduction of non-recoverable expenses. Notable practitioners: A highly experienced practitioner, D P Naban enjoys a strong reputation in the market. He offers a broad practice including litigation and advisory work, and clients note that "his litigation, advocacy and cross-examination skills are par excellence." He co-led the team acting for Petronas in an appeal regarding taxpayers' interest income. Saravana Kumar Segaran is well regarded in this space and advises on a range of matters including stamp duty, audits and indirect tax. Clients say: "His tax knowledge is very in-depth and he is fast at responding." He assisted Bredero Shaw (Malaysia) with a tax appeal relating to revenue expenditure, capital allowance and industrial building allowance. Significant clients: BAT, Maybank, Sunway Reit, Tenaga Nasional, Unicharm.


CHAMBERS ASIA PACIFIC (2016)

Dispute Resolution – Band 1 Highly regarded litigation practice, considered one of the pre-eminent dispute resolution teams in Malaysia. Active across several fields, including banking and insolvency, construction and public interest litigation. Represents leading international corporations and clients from the financial and governmental sectors in a variety of high-profile cases. Strengths (Quotes mainly from clients):

  • "They are excellent litigators."
  • "The partners are highly experienced, with strong credentials."

Work highlights: Successfully defended sovereign wealth fund Khazanah Nasional in High Court proceedings concerning an alleged fraud valued at more than MYR2 billion. Represented Berjaya Bookstore (owner of the Borders chain) in court proceedings concerning the seizure of controversial books from the store and the subsequent prosecution of the store manager by government agencies. The High Court and Court of Appeal found these actions to be illegal and unconstitutional respectively. Notable practitioners: Lambert Rasa-Ratnam heads the firm's dispute resolution group and is widely acknowledged as one of Malaysia's most prominent litigators. He is also noted for his arbitration work, acting as both arbitrator and counsel. Nitin Nadkarni is a leading figure in the field of construction arbitration and litigation. Described as a "very competent advocate," his practice focuses on oil and gas and energy matters. He also acts regularly in commercial disputes, including media disputes. Rosli Dahlan leads the corporate dispute group at the firm and specialises in matters such as shareholders' disputes and restructuring. He is conversant with Shari'a law and is increasingly taking on cases involving Islamic law disputes. Sean Yeow focuses primarily on banking and insolvency work and is engaged by clients on matters across the financial services spectrum. One market source appreciates that he is "knowledgeable, reliable and genuinely interested in resolving clients' issues." Significant clients: Berjaya Land, Korean Reinsurance Company, Securities Commission of Malaysia, 7-Eleven Malaysia, Telekom Malaysia. Employment & Industrial Relations – Band 1 Excellent employment and industrial relations practice highly regarded for both advisory and litigation work. Highlighted for the experience of its lawyers, the firm is instructed by a wide range of high-profile clients, including multinationals, and regularly appears before the Federal Court. Strengths (Quotes mainly from clients):

  • "Their lawyers are subject matter experts and able to advise within tight deadlines."
  • "They are willing to chart new territory and don't mind going against the grain."

Work highlights: Represented the British International School of Kuala Lumpur in two judicial review applications, as well as assisting it in preparing a written representation in response to an ex-employee's claims that the school forced her to resign. Successfully acted for Maybank at the High Court to overturn a decision made by the Industrial Court that an employee was unfairly dismissed following allegations of sexual harassment against the employee. Notable practitioners: Lim Heng Seng is recognised as one of the leading practitioners in the field and is noted for his "high level of knowledge and expertise." His practice encompasses a wide range of employment matters, with a specialism in advisory work. His governmental background, particularly his experience in the Industrial Court, allows him to advise clients on ways to prevent disputes reaching litigation. Thavalingam Thavarajah is a highly recommended lawyer with a wealth of experience across a broad spectrum of employment issues. He is a highly skilled litigator and is sought after for his "superb" representation in employment disputes. Clients appreciate that he "understands our viewpoint and provides good advice." Significant clients: Nestlé, International Rescue Committee, Cabot Specialty Chemicals, HRD Aero Systems, CIMB Bank. Tax – Band 1 First-rate tax practice which is highly regarded in the market for both the size of its team and its list of high-profile local and multinational clients. Handles an array of complex litigation cases as well as advising on a range of issues including the implementation of goods and services tax (GST). Strengths (Quotes mainly from clients):

  • "They are very analytical, strong in their judgements and client-oriented."
  • "A very reputable firm with depth and breadth."

Work highlights: Successfully acted for Petronas Chemicals Marketing in a tax appeal which held that the interest income of a taxpayer is defined as a business income under the Income Tax Act. Advising Tenaga Nasional on issues arising from the introduction of goods and services tax, both pre- and post-implementation. Notable practitioners: Pre-eminent lawyer D.P. Naban heads the firm's tax practice and is particularly praised for his work as a litigator. Clients describe him as "outstanding" and recommend him for his "superb" advocacy skills. Saravana Kumar Segaran is pointed out as a "dynamic, efficient and helpful" practitioner by interviewees, who appreciate his "innovative approach" and ability to "think outside the box." He primarily focuses on advisory work and assists clients with matters such as transfer pricing, stamp duty and tax audits. Significant clients: BAT, Ambank, Petron, Maybank, Thomson Reuters.

We have acted in the following public interest litigations:

  • Malaysian aboriginal people’s land rights
      • • Mohamad Bin Nohing (Batin Kampung Bukit Rok) & Ors v Pejabat Tanah dan Galian Negeri Pahang & Ors [2013] 5 MLJ 268, High Court of Malaya (Temerloh) [“Kampung Bukit Rok case”]
        • • Ketua Pengarah Jabatan Hal Ehwal Orang Asli & 1 Lagi v Mohamad Bin Nohing & 5 Lagi (Rayuan Sivil C-01-45-02/2013), Court of Appeal (Putrajaya)
        • • Pengarah Tanah Dan Galian Negeri Pahang & 1 Lagi v Mohamad Bin Nohing & 5 Lagi (Rayuan Sivil C-01-85-03/2013), Court of Appeal (Putrajaya)
      • • Rosli Bin Along & 2 Yang Lain v Kerajaan Negeri Kelantan & 1 Yang Lain (Permohonan bagi Semakan Kehakiman No. 25-7-2011), High Court of Malaya (Kota Bharu) [“Pos Belatim case”]

      Mr. Lim Heng Seng was the lead counsel in both the above cases. In the Kampung Bukit Rok case, LHAG acted as solicitors and counsel on behalf of the Semelai Orang Asli of Kampung Bukit Rok and Kampung Ibam in Temerloh, Pahang and in the Pos Belatim case, LHAG acted as solicitors and counsel on behalf of the Temiar Orang Asli of Pos Belatim in Gua Musang, Kelantan.

  • Freedom to profess and practise religion
      • • Jill Ireland Lawrence Bill v Menteri Bagi Kementerian Dalam Negeri Malaysia & Anor [2014] 1 LNS 1279, High Court of Malaya (Kuala Lumpur) [“Jill Ireland case”]
        • • Menteri Bagi Kementerian Dalam Negeri & Anor v Jill Ireland Lawrence Bill & Another Appeal [2015] 7 CLJ 727, Court of Appeal (Putrajaya)
      • • Jerry W.A. Dusing @ Jerry W. Patel & Anor v Menteri Keselamatan Dalam Negeri Malaysia & 1 Lagi (Permohonan bagi Semakan Kehakiman No. R2-25-407-2007), High Court of Malaya (Kuala Lumpur) [“SIB Sabah case”]
        • • Jerry W.A. Dusing & Anor v Menteri Keselamatan Dalam Negeri Malaysia & Anor [2014] 9 CLJ 321, Court of Appeal (Putrajaya)

      In both the Jill Ireland case and SIB Sabah case, the issues revolve around the decision of the Ministry of Home Affairs allegedly made pursuant to the Printing Presses And Publications Act 1984 (“PPPA”) to withhold and/or prohibit the distribution and/or importation of Christian publications e.g. audio CDs and educational materials for children which contain the use of the word “Allah”. Mr. Lim Heng Seng acted as lead counsel for solicitors in the applications for judicial review against the decision of the Ministry of Home Affairs.

  • Child’s rights and interests
      • • Ketua Pengarah Pendaftaran Negara, Malaysia & 2 Lagi v Navin A/L Moorthy & 1 Lagi (Rayuan Sivil No. W-01(NCVC)(A)-516-12/2014), Court of Appeal, Putrajaya [“Navin case”]
      • • Indira Gandhi A/P Mutho v Pathamanathan A/L Krishnan (Saman Pemula No.: 24-513-2009), High Court of Malaya (Ipoh) (which is reported in [2015] 7 MLJ 153) [“Indira Gandhi case”]
      • • Gan Beng Wei & 1 Lagi v Lee Geok Yen @ Nur Laili Binti Abdullah (Saman Pemula No.: MT3-24-760-2007), High Court of Malaya (Shah Alam) [“Gan Beng Wei case”]

      In the Navin case, Mr. Lim Heng Seng acted as lead counsel for solicitors representing the applicant in the matter at the High Court. The respondents in the matter at the High Court appealed against the High Court’s decision declaring that the applicant is entitled to Malaysian citizenship and directing the Ketua Pengarah Pendaftaran Negara (Director of the National Registration Department of Malaysia) to exercise the special power under Article 15A of the Federal Constitution to register the Applicant as a Malaysian citizen.

    • The Indira Gandhi case whereas emanated from an earlier action in Indira Gandhi A/P Mutho v Pengarah Jabatan Agama Islam Perak & Ors [2013] 5 MLJ 552) where the plaintiff's wife had successfully applied for a declaration that the conversion of her three children by her husband the respondent to Islam was unconstitutional, null, void and of no effect.
    • In the Gan Beng Wei case, LHAG acted as solicitors and counsel on behalf of the plaintiffs in this Originating Summons. Mr. Lim Heng Seng was involved in the conduct of this case together with Mr. Lambert Rasa-Ratnam.
  • Persecution of a Muslim bookstore manager
      • • Jabatan Agama Islam Wilayah Persekutuan & Ors v Berjaya Books Sdn. Bhd. & Ors [Federal Court Civil Application No.: 08(f)-27-0112015(W)]
      • • Jabatan Agama Islam Wilayah Persekutuan & Ors v Berjaya Books Sdn. Bhd. & Ors [2015] 3 MLJ 65
      • • Berjaya Books Sdn. Bhd. & Ors v Jabatan Agama Islam Wilayah Persekutuan & Ors [2014] 1 MLJ 138
      • • Ketua Pendakwa Syarie v Nik Raina Binti Nik Abdul Aziz [Mahkamah Rayuan Syariah Di Kuala Lumpur Kes Rayuan Jenayah No.: 14000-111-0005-2015]
      • • Ketua Pendakwa Syarie v Nik Raina Binti Nik Abdul Aziz [Mahkamah Tinggi Syariah Di Kuala Lumpur Kes Jenayah Bil.: 14600-111-0025-2012]

      On 23 May 2012, the religious enforcement department of the Federal Territories, Jabatan Agama Islam Wilayah Persekutuan (JAWI) raided Borders bookstore and seized several books by a renowned writer, Irshad Manji, titled “Allah, Kebebasan dan Cinta” and “Allah, Liberty and Love” whereas the publications were not banned whether by federal law or the state religious law. A ban on the publications was only gazetted 3 weeks later. Despite various representations made to JAWI, the Home Minister and the Religious Minister, JAWI proceeded to prosecute the Muslim bookstore manager, Nik Raina Nik Abdul Aziz. Rosli launched a judicial review application against JAWI, the Home Minister and the Religious Minister challenging not only the unconstitutionality of state religious law but also the illegal enforcement and prosecution actions.

  • Persecution of a Malay scholar
      • • Kassim @ Osman Bin Ahmad v Dato’ Seri Jamil Khir Bin Baharom & 3 Ors [Judicial Review Application No. 25-119-06/2014]
      • • Ketua Pendakwa Syarie v Kassim @ Osman Bin Ahmad [Dalam Mahkamah Tinggi Syariah Di Wilayah Persekutuan Putrajaya Kes 14400-134-0010-2014, 14400-136-0011-2014 dan 14400-134-0014-2014]

      On 16.2.2015, Yayasan Kepimpinan Perdana Putrajaya invited an 82 year old Malay scholar known as Kassim Ahmad to an intellectual discourse. He presented a paper entitled “Seminar Pemikiran Kassim Ahmad: Suatu Penilaian Hala Tuju Bangsa & Negara Malaysia untuk 30 Tahun Akan Datang”. The talk stirred public controversy. On 26.3.2015, the Jabatan Agama Islam Wilayah Persekutuan (“JAWI”) raided Kassim’s house in Kedah, seized his writings, arrested him and removed him from his home state in Kedah through the state of Penang and Selangor to bring him to Kuala Lumpur. He was then charged for breaching the state Fatwa of the Federal Territories. In doing so, JAWI did not comply with the state laws of Kedah, Wilayah Persekutuan, Penang and Selangor. JAWI also breached various constitutional provisions on fundamental liberties. Rosli mounted a Judicial Review application against JAWI, the Chief Syarie Prosecutor, Religious Minister and the Government of Malaysia. On 21/12/2015, the Court of Appeal delivered a landmark decision that declared JAWI’s actions as illegal and void, and chastised the High Court for abdicating its supervisory powers. The Court of Appeal also awarded cost and damages for JAWI’s illegal actions which is unprecedented.

  • Forfeiture of a Chinese company’s land to build a mosque
      • United Allied Empire Sdn. Bhd. v Pengarah Tanah dan Galian Selangor & 5 Ors [Shah Alam High Court Judicial Review Application No. 25-38-04/2013]
      • • United Allied Empire Sdn. Bhd. v Pentadbir Tanah Daerah Kuala Selangor [Shah Alam High Court Land Reference No. 15-72-07/2013]

      United Allied Empire Sdn. Bhd. (UAE) is a Chinese-owned company which had over the years purchased and amalgamated several pieces of land in Kuala Selangor to become an integrated development land. In the development plan, having taken into account the population density, UAE made provision for a mosque reserve measuring 1 acre. Jabatan Agama Islam Selangor (JAIS), the Religious Department of Selangor used the Land Acquisition Act 1960 to request the Selangor State Authority to acquire its entire parcel of land measuring 26 acres purportedly to build a mosque and paid very low compensation. Rosli challenged the low compensation. Rosli also mounted a judicial review challenging that the forcible acquisition was in breach of the express and implied provisions of the Land Acquisition Act and was made mala fide as there was already a mosque and that 26 acres is disproportionate to the requirement for a mosque.

  • Slander by Muslim Rights Movement (ISMA)
      • • Datin Paduka Marina Mahathir v Abdullah Zaik Abd Rahman & 15 Ors (KLHC Civil Suit No. 23NCVC-4-01/2014)

      Ikatan Muslimin Malaysia (ISMA) published and circulated 70,000 pamphlets to various mosques in Malaysia defaming a known civil rights activist, Datin Paduka Marina Mahathir. A legal suit was mounted by Marina Mahathir against ISMA. On 17.8.2015, the suit was settled and ISMA retracted its allegations by its deputy president reading out in open court a statement of public regret.

  • Negligence suit by the Government of Malaysia against peaceful assembly organisers (Bersih 3.0 Rally)
      • • Government of Malaysia v Wong Chin Huat & Ors (KLHC Civil Suit No. 21NCVC-102-05/2012)

      Bersih 3.0 Rally was held on 28.4.2012 organised by a coalition of non-governmental organisations that is called Coalition for Clean and Fair Elections (Bersih 2.0). Following the Bersih 3.0 Rally, the Government of Malaysia commenced a civil action against the individual organisers claiming monetary compensation for damages to police vehicles. This was a first-of-its-kind civil suit by the Government of Malaysia against assembly organisers. Mr. Ang Hean Leng and Mr. Hoi Jack S’ng successfully defended one of the organisers, Dr. Wong Chin Huat, and also successfully counterclaimed the Government of Malaysia for wrongful arrest and detention. Dr. Wong was awarded damages and costs.

Send an email to enquiry@lh-ag.com or contact Mr. Lim Heng Seng, head of the firm’s CSR & Pro Bono Committee, to find out more about our initiatives.

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