Zul Rafique & Partners

Our Litigation Partner, Idza Hajar Ahmad Idzam together with Senior Legal Associate, Sharanya Visualingam, Legal Associate, Aida Liyana Zainal Rashid and Pupil-in-Chambers, Asyraf Hakimi Zaid, had on 21.11.2024 successfully resisted an interim injunction application (“Injunction Application”) filed in a defamation suit. Key Takeaways: This decision underscores the principle that courts are typically cautious in granting interim injunctions in defamation cases, as such orders risk impinging on an individual’s freedom of speech. The ruling was appropriately influenced by the Supreme Court decision in The New Straits Times Press (M) Bhd v AirAsia Bhd [1987] 1 MLJ 36, which emphasized that courts should only issue interim injunctions in the clearest of cases. Moreover, it confirms that the standard principles for granting injunctions, as established in American Cyanamid Co v Ethicon Ltd [1975] AC 396, do not apply to interim injunctions in defamation claims. For more details, please click the link below: https://lnkd.in/g8G7NZE9 #zrp #zrplaw #zrpknowledgecentre #litigation #Injunction

Our Senior Associate, Agesh Krishendra will be one of the Speakers at Delos Dispute Resolution’s event on Embracing AI in IA: Opportunities and Challenges for Young Lawyers taking place on Thursday, 28th November 2024 at Asian International Arbitration Centre Registration link can be found in the post below. #zrp #zrplaw #legal #knowledgesharing

The maritime industry is one of the most complex and globalised sectors, involving intricate legal issues that require industry specific knowledge. Choosing a law firm to navigate these waters is a crucial decision, as maritime matters can significantly impact businesses and stakeholders. At Zul Rafique & Partners, we understand the unique challenges our clients face in the maritime industry. Our team is committed to providing comprehensive and effective legal solutions. Our Partner, Nan Muhammad Ridhwan Rosnan, with a Master of Laws (LL.M) with Distinction, specialising in the law of the sea and admiralty law, has handled various shipping and maritime issues including, among others, ship or vessel arrests, disputes between shipowners and shipbuilders, collision claims, and loss and damage at sea. With these experiences in handling a wide range of matters, we are well-equipped to safeguard your interests in these critical areas. Our Shipping & Maritime practice group offers a comprehensive range of legal services designed to meet the needs of ship owners, port and terminal operators, oil & gas companies, offshore and marine companies, service providers, financial institutions, insurance companies, and governmental bodies. For further details in to this new practice area please visit our website at https://lnkd.in/g8d27Bqs or reach out to our Partner and Lawyers as below: Nan Muhammad Ridhwan Rosnan | ridhwan.rosnan@zulrafique.com.my Irfan Husin Rosli | irfan.rosli@zulrafique.com.my Julianne John | julianne.john@zulrafique.com.my #zrp #zrplaw #zrpknowledgecentre #shipping #maritime #admiralty

Our Litigation Partners, Idza Hajar Ahmad Idzam and Nan Muhammad Ridhwan together with their Legal Associates, Muhammad Hibri Nazim, Aiesyah Mustafa and Pupil-in-Chambers, Saif Aslam had on 12.11.2024 acted for an administrator of an estate of an incapacitated person, who is a 50% shareholder in a car dealership company (“2nd Defendant”), in resisting a Striking Out Application filed by the other shareholder, who holds the remaining 50% share in the 2nd Defendant, together with the 2nd Defendant (“Defendants”), in a Minority Oppression claim. This decision affirms the findings in the case of Kumagai Gumi Co Ltd v Zenecon-Kumagai Sdn Bhd & Ors and another application [1994] 2 MLJ 789, which extends the protection to shareholders whom despite holding significant or equal stakes, lack the management control of the company to be allowed to pursue remedies under Section 346 of the Companies Act 2016. The decisions also confirms that a claim for minority oppression must be commenced by way of an Originating Summons, as there are procedural mechanisms provided in Order 28 Rule 4 of the Rules of Court 2012 to manage factual disputes arising in minority oppression suits. For more information, please click the link below: https://lnkd.in/g5yzZvfv #zrp #zrplaw #zrpknowledgecentre #caseupdate #legal #strikingout #minorityoppression #companylaw

The next Knowledge & Information Sharing Session (KISS) will be held virtually on Friday, 22 November 2024 @ 4.30PM, via Microsoft Teams. This session is organised by the Pupils of the Firm in collaboration with Asian Law Students' Association (Malaysia), MMU SIG Mooting, and Multimedia University Law Society (MULS) as our Publicity Partners. The speakers for this KISS session are:- Saif Aslam Wei Lum Chee Kelly S. More information in the poster! To register, click the link below: https://lnkd.in/gj4NdC8P We hope to see you there. Kindly email your details to look@zulrafique.com.my to subscribe to our ZRp Knowledge Centre.

Our Partner, Kuhendran Thanapalasingam, has been invited as one of the speakers at the Alternative Dispute Resolution: Shaping the Future Pathway for ADR jointly organised by the Royal Institution of Surveyors Malaysia (Northern Branch) and RISM Alternative Dispute Resolution (ADR) Committee on 26th November 2024 at the Ascott Gurney Penang.   Registration details are in the poster below or click the link below to register: https://lnkd.in/g_z4jarZ   #ADR #Seminar #AlternativeDispute #zrp #zrplaw

At Zul Rafique & Partners, we believe good posture is essential, especially for our lawyers and staff that are hard at work. Today, we were pleased to host the FFM Remedial Centre for a Healthy Quality of Life Workshop, where we gained valuable insights on chiropractic care, workplace ergonomics, breathing techniques, and stretching exercises. This workshop is part of our ongoing commitment to promoting the health and wellbeing of everyone at the firm.    #zrp #zrplaw #ZRpWellness #HealthyWorkplace #WorkplaceErgonomics

Our Employment and Industrial Relations Partner, Keat Ching Wong together with her Associate, Ameerah Nasri have successfully acted for a Telco company in an unfair dismissal claim by a former employee at the Industrial Court, wherein YA Tuan Paramalingam A/L J. Doraisamy handed down Industrial Court Award No. 1648 of 2024 dated 21.10.2024. The Claimant was employed with the Telco Company since 1997 with over 21 years of service prior to his dismissal in 2019. Between the years of 2017 and 2018, the Claimant, in his position as the Head of Property Acquisition, had committed 3 separate misconducts involving vendors of the Company. The Court determined that the punishment of dismissal meted out by the Company to the Claimant was proportionate to the acts of misconduct committed as (1) the Claimant had held a senior position in the Company which implied added responsibilities and a fiduciary duty to act in the best interests of the Company, (2) the Claimant had concealed his conflict of interests from the Company, and (3) the Claimant had practiced deception on the Company. KEY TAKEAWAYS This case serves as a stark reminder of the perils of a skewed perception of personal interests versus professional duties. Through its decision, the Industrial Court provides clear guidance on what constitutes unacceptable conduct, emphasising that even seemingly minor transgressions can erode trust and compromise corporate integrity. The Industrial Court’s decision highlights that employers are justified in taking decisive action to protect their organizational integrity, particularly against those entrusted with greater responsibilities. For more details, please click the link below: https://lnkd.in/gjBfdDZb #zrp #zrplaw #zrpknowledgecentre #labour #employment #industrialrelations

Our Partner, Alvare Teoh and associate, Yip W. from our Employment & Industrial Relations Practice Group were invited by Kenanga Investment Bank Bhd to deliver a talk titled “Managing Workplace Harassment & Bullying” at their Kuala Lumpur office. They were assisted by our pupil-in-chambers, Wan Ting Sim (Amanda) This session focused on essential aspects of current employment issues, covering topics such as types of harassment and addressed the growing concern of bullying at the workplace. Key discussions included the sharing of application of legal aspects to real life scenarios, and an analysis of relevant case precedents. #zrp #zrplaw #zrpknowledgecentre #knowledgesharing #seminar #legal #employment #labour

Malaysian firm Zul Rafique & Partners has welcomed back Ainal Marlinda Md Said to its corporate real estate practice after more than two years. “We are seeing several significant shifts in Malaysia’s real estate market that are shaping new legal challenges for our clients.” Lukman Sheriff Alias of Zul Rafique said. Said initially joined the firm in 2015 after her more than a decade stint at Chambers of Farah Suhanah Advocates and Solicitors. The firm’s recent expansion includes the addition of partner Syed Haris Syed Yahya to its energy practice. Read the latest legal news on Asia Business Law Journal. 📲 Sign up for the latest updates in the legal industry: https://lnkd.in/g3brrPdM #lawdotasia #ablj #iblj #cblj #asia #malaysia #realestate #assets #corporatelaw #legalnews #inhousecounsel #business #legalprofession #lawfirms #lawyers #legal #law