Abdullah Khubayb Awaluddin

Litigation
▪ Successfully resisted an appeal against a claim for a purported wrongful breach of an employment shares option scheme agreement due to the Plaintiff’s retrenchment. As reported in:
High Court : JEFFREY FOO KWAN PHENG v KUMPULAN HARTANAH SELANGOR BERHAD [2021] 1 LNS 607

▪ Pursued a claim of conspiracy and a breach of fiduciary duty on the part of the company officers in obtaining authorization for compensation prior to leaving office without the approval of the board. As reported in:
High Court : MENTERI BESAR SELANGOR (PEMERBADANAN) V FAEKAH BT HAJI HUSSIN & ORS [2017] MLJU 1210

▪ Argued that a creditor has no locus standi to initiate and invoke provisions and usurp the functions of the Director General of Insolvency under the Bankruptcy Act 1967. As reported in:

High Court : CHIN AH KEOW @ CHIN LAI SITT v. SOLIHA AHMAD NASARUDIN & ORS [2017] 1 LNS 1337

▪ Successfully argued and obtained an injunction to restrain the call of a performance guarantee by the Malaysian Government under the prima facie case of unconscionability. As reported in:
High Court : PWC BINA SDN BHD v. KERAJAAN MALAYSIA & ANOR [2016] 1 LNS 1233

▪ Successfully argued and obtained an Erinford injunction pending appeal to restrain the call of a performance guarantee under the prima facie case of unconscionability. As reported in:
High Court : COBRAIN HOLDINGS SDN BHD v. EXPERTISE INTERNATIONAL A&I (M) SDN BHD & ORS [2015] 6 CLJ 312

▪ Argued to set aside a judgment in default in respect of the restructuring of a director’s personal guarantee on grounds, amongst others, that the continuing guarantee without a new aqad contravened Islamic principles of Syari’ah banking and also contravened the rulings of the Syariah Advisory Council. As reported in:
High Court : BANK MUAMALAT MALAYSIA BERHAD v. SUHAILI ABDUL RAHMAN & ANOR [2015] 1 LNS 609

▪ Acted as co-counsel to successfully resist an appeal against a High Court decision to quash the decision of JAWI, a public authority, to raid the Borders bookstore on the grounds that such actions were mala fide and that it violated fundamental and constitutional rights enshrined under the Federal Constitution. As reported in:
Court of Appeal : JABATAN AGAMA ISLAM WILAYAH PERSEKUTUAN & ORS v. BERJAYA BOOKS SDN BHD & ORS [2015] 3 CLJ 461

▪ Successfully argued an appeal against the presumption of illegal property in respect of a forfeiture of a property under the Dangerous Drugs (Forfeiture of Property) Act 1988. As reported in:
High Court : PP lwn. NG YENG PANG & SATU LAGI [2014] 1 LNS 1752

▪ Acted as co-counsel to quash the decision of JAWI, a public authority, to arrest and prosecute under state Syariah laws and argued on the jurisdiction of the civil courts to hear matters relating to Syariah offences and the overlapping jurisdictions of the Syariah state laws. As reported in:
High Court : KASSIM @ OSMAN AHMAD v. DATO' SERI JAMIL KHIR BAHAROM & ORS [2015] 5 MLJ 710

▪ Acted as co-counsel to argue for a claim against the Director-General of Insolvency for the tort of breach of statutory duty, misfeasance in public office and breach of fiduciary duty. As reported in:
Court of Appeal : DIRECTOR GENERAL OF INSOLVENCY v. DWITASIK SDN BHD [2012] 1 LNS 637
High Court : DWITASIK SDN BHD v. KETUA PENGARAH INSOLVENSI [2012] 7 CLJ 236

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▪ Acted as co-counsel to successfully resist an order for certiorari to quash a decision by the Human Resources Minister to refer to a medical consultant to the Industrial Court to determine his status as either an independent contractor or a workman. As reported in:
High Court: SUBANG JAYA MEDICAL CENTRE SDN BHD v. MENTERI SUMBER MANUSIA & ORS [2012] 10 CLJ 795

▪ Acted as co-counsel to argue for an injunction on an unconditional bank guarantee. Obtained an Erinford injunction pending appeal. As reported in:
High Court: FOCAL ASIA SDN BHD & ANOR v. RAJA NORAINI BINTI RAJA DATUK NONG CHIK & ANOR [2009] 1 MLJU 1688
FOCAL ASIA SDN BHD & ANOR v. RAJA NORAINI BINTI RAJA DATUK NONG CHIK & ANOR [2009] 1 MLJU 1832

▪ conducted a trial in the industrial court in respect of a medical consultant to determine his status as either an independent contractor or a workman. As reported in:
Industrial Court: DAVID VANNIASINGHAM RAMANATHAN v. SUBANG JAYA MEDICAL CENTRE SDN BHD [2013] 1 ILR 616

▪ Successfully opposed an application to set aside a subpoena summons of a witness in the Industrial Court. As reported in:
Industrial Court: DAVID VANNIASINGHAM RAMANATHAN v. SUBANG JAYA MEDICAL CENTRE SDN BHD [2011] 1 ILR 652

▪ Successfully resisted bankruptcy proceedings against a Member of Parliament on several arguments, mainly on the argument that the Order the bankruptcy was based on was defective due to excessive post-judgment interest and that a Bankruptcy Notice was not the proper mode to enforce an order for specific performance.

▪ Initiated contempt proceedings against 7 intervenors to a judicial review application for interfering with the due administration of justice by affirming false affidavits.

▪ Acted as co-counsel for a judicial review application to stop the state government of Selangor or the local councils from inviting tenders for waste disposal.

▪ Conducted a trial and successfully resisting, both in the Sessions Court and the appeal in the High Court, a medical negligence claim against doctors for an allegation of wrong diagnosis of the patient’s illness and administering a restricted antibiotic causing an allergic reaction.

▪ Conducted a trial to claim for liquidated and ascertained damages in respect of late delivery by a developer of condominium units.

▪ Involved in the case of a retiring director of a public listed company claiming for retirement gratuity denied to him by shareholders’ vote, when such retirement gratuity should not have been subjected to shareholders’ approval.

▪ Involved in obtaining several injunctions for infringements of trademarks and consequential contempt proceedings for breaching the terms of the injunctions.

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CORPORATE & COMMERCIAL LAW

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Cross-Border Transactions

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▪ Acquisition of a University Campus in Trent Park, London, United Kingdom for £60,560,000-00.

▪ Acquisition of 100% equity in a Jersey company owning the Unilever Building in Leatherhead, Surrey, United Kingdom for £45,450,000-00.

▪ Proposed acquisition of 100% equity in a Republic of Ireland company that holds a property in Empire Way, Wembley, United Kingdom for the development of a student accommodation project for $21,000,000-00.

▪ Facility Agreement and a Shareholder’s Agreement between a United Kingdom Investor and a Malaysian Borrower for $151,579,825-00.

▪ Syndicated Facility Loan Agreement for a $182,000,000-00 term loan facility involving 5 Singaporean and Malaysian Banks as Mandated Lead Arrangers for an Indonesian Flag Floating Production, Storage and Offloading Facility.

▪ A Shares Sale Agreement between a Malaysian entity and a China entity owning 100% of shares in a Laotian Company owning a Hotel in Laos for $22,000,000-00.

▪ A memorandum of understanding between a Malaysian entity and the Municipal Council of Makkah, Kingdom of Saudi Arabia for the development, build, lease and transfer of a hotel for 75 years.

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▪ A memorandum of understanding for the acquisition by a Malaysian entity of 100% equity in a Cyprus company owning 100% shares in a Russian company who holds exclusive concession rights for oil estimated worth at $2,000,000,000-00.

▪ Joint-venture shareholders agreement between a Malaysian entity and an Indonesian entity for the development of an oil palm plantation spanning 80,000 hectares in Indonesia.

▪ Acquisition of Shares amounting to $25,000,000-00 in a Vietnamese Joint Stock Company to build, co-own and develop, build and commission a 25.031MWP Photovoltaic Power Plant in Ninh Thuan, Vietnam.

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Commercial Transactions

▪ Engineering, Procurement, Construction and Project Financing Agreement with a China-based construction company for a project to design and construct an inland port transport terminal project for RM 410,000,000-00.

▪ Engineering, Procurement, Construction and Commissioning Works with a China-based construction company for a project to develop, build and commission a 25.031MWP large scale solar Photovoltaic Power Plant in Ninh Thuan, Vietnam.

▪ A Sale and Purchase Agreement for the acquisition of lands in Johor Bahru for the purchase price of RM967,257,640-80.

▪ A Shares Sale Agreement of 100% shares in the subsidiary of a public company holding approximately 319 acres of land for RM317,334,600-00.

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▪ A Sale and Purchase Agreement for the acquisition of lands measuring approximately 95 acres to develop a commercial development and a theme park for RM 31,472,100-00.

▪ A shipbuilding agreement for the build of an Accommodation Work Boat Vessel and a memorandum of agreement for the purchase of an Anchor Handling Tug/Supply Vessel for the total amount of $38,500,000-00.

▪ A development agreement in Labuan, Sabah for the development of a township consisting of low-cost residential houses and commercial buildings.

▪ A sale and purchase agreement pursuant to a joint venture shareholder’s agreement for a special purpose vehicle to develop a transportation hub in Penang, where one shareholder’s equity in the special purpose vehicle is made by way of injecting 27 plots of land into the special purpose vehicle.

▪ Memorandum of Understanding in respect of a ‘Build, Lease, Maintain and Transfer’ under a concession on the proposed development of a city campus for a local university which includes the planning, design, finance, development and construction of the university city campus and hostels.

▪ A sale and purchase agreement and development agreement in Seberang Perai, Kedah for the purchase of land and the re-development of a shopping complex, the conversion of a council building into a hotel, as well as the construction of a new 15 storey serviced apartment.

Corporate Exercises

▪ Proposed reverse take-over, i.e. the proposed acquisition by a public listed company of the shares in a private limited company at the acquisition price of RM300,000,000-00 to be satisfied by the issuance of shares in the public listed company.

▪ Handled a proposed reverse take-over of a facilities management company by a GN3 status company in the Ace Market by way of a share exchange with a new special purpose company incorporated to assume the listing status of the GNE3 status company.

▪ Handled the process of obtaining shareholders’ approval for the disposal of a substantial asset in a public listed company.​​