Azmi Fadzly Maha & Sim

AFMS is excited to celebrate our 10th year anniversary this year! Thank you everyone for your continuous support!!

We are pleased to announce that our Mr. Deepak Mahadevan (assisted by Ms Faeza Suraya Roselan and Ms Jas Lim Fang Ni) recently successfully argued an appeal for our client, Bond M&E Sdn Bhd in the Court of Appeal. The appeal was against part of the High Court’s decision dealing with a novel point of law pertaining to section 30 of CIPAA, i.e. does the phrase “adjudicated amount” in section 30 of CIPAA cover both interest and cost awarded by the Adjudicator?

The Court of Appeal’s grounds of judgment has been reported in Pali PTP Sdn Bhd v Bond M&E Sdn Bhd and another appeal [2023] 6 MLJ 176 and [2023] 9 CLJ 740.

The Court of Appeal’s decision resolves the conflict in interpretation of the phrase adjudicated amount in section 30 of CIPAA by the High Court in Bond M&E Sdn Bhd v Pali PTP Sdn Bhd [2022] 5 CLJ 543 and Cabnet Systems (M) Sdn Bhd v Dekad Kaliber Sdn Bhd & Ors [2020] 1 LNS 187.

The High Court in Bond M&E Sdn Bhd (supra) held that the phrase adjudicated amount in section 30(5) CIPAA excluded interest and cost whilst the High Court in Cabnet Systems (supra) held that the phrase adjudicated amount in section 30(5) CIPAA included interest but excluded costs.

The Court of Appeal in Bond M&E Sdn Bhd (supra) agreed with our submission that the only definition of the phrase “adjudicated amount” in section 30 of CIPAA that is aligned with the intention of CIPAA and a reading of CIPAA as a whole is that it includes interest and costs awarded in the Adjudication Decision.

As such, insofar as a direct payment application under section 30 of CIPAA is concerned, the Court of Appeal has conclusively found that if an order for direct payment is made against a principal, the principal must pay the entire amount in the Adjudication Decision to the unpaid party, including interest and costs.

There has been no leave application filed at the Federal Court and therefore, the Court of Appeal’s decision in Bond M&E Sdn Bhd (supra) puts this conflict to rest.

The case centers around the issue of whether our client has IP or propriety rights over the QR code.

Although the court found that our client did not have propriety or IP rights over the QR code, the Court also found that our Client were entitled for compensation for their services provided and also damages for negligence.

The matter was handled by our Jasneeta Bhullar, Norazmi Norazman and Ahmad Fadzly Abdul Gani

Court dismisses RM139.34 mil QR code suit against Nestlé Malaysia's unit The High Court has dismissed the RM139.34 million lawsuit initiated by Mad Labs Sdn Bhd against a wholly-owned unit of Nestlé (Malaysia) Bhd over the alleged unauthorised and/or unlawful use of Mad Lab's QR code on Nestle's products and packaging.

AFMS garnered a win at the Federal Court for our client.

The Federal Court on 10.7.2023 dismissed the motions for leave to appeal against two decisions of the Court of Appeal setting aside the judgments obtained by these 2 companies at the High Court of Kota Bharu for the total sum of RM155,000,000.00.

Both companies previously obtained the judgments in the High Court of Kota Bharu premised on the alleged loss of profit arising from the 2 agreements to develop affordable housing in Kelantan. Our client appealed against the High Court’s judgments to the Court of Appeal and the Court of Appeal allowed the appeals and set aside the Judgments obtained at the High Court.

The decision by the Federal Court on 10.7.2023 concludes the case between parties in respect of the claim for loss of profits arising from the construction costs.

The Federal Court panel was made up of Yang Amat Arif Dato’ Mohd Zabidin Bin Mohd Diah, Yang Arif Tan Sri Datuk Nalini Pathmanathan and Yang Arif Datuk Harmindar Singh Dhaliwal.

Our client was represented by our Ahmad Fadzly Abdul Gani and Janice Chan.

One of the Court of Appeal decisions has since been reported under the citation [2022] 3 CLJ 581.

We are pleased to announce that Justina Koh and Faeza Roselan have been promoted to the position of Senior Associate in the Firm.

Cradle event: Hacking the legal challenges of an Early-Stage startups. Cradle Circle 2022, Glasshouse at Seputeh.

Check out the video to see what happened at the event 😊

Thank you Cradle Fund for the opportunity!

Cradle Circle 2022 20th October 2022Glasshouse at SeputehCradle Fund Sdn. Bhd. (Cradle) hosted its inaugural Cradle Circle, an event designed to connect Cradle funded recipient...

Our Brian Sim was invited to speak at the recent 2022 hosted by Cradle Fund .

Cradle Circle is an event designed to connect Cradle funded recipients with investors and ecosystem players through business pitching, networking and sharing sessions.

Our Deepak Mahadevan had the opportunity to share his views on the need to amend CIPAA 2012 alongside other industry experts during the CIPAA Day organized by Asian International Arbitration Centre.

We were glad to be part of Asian International Arbitration Centre - AIAC CIPAA conference 2022.

Our Ahmad Fadzly Abdul Gani took part in the rapid fire debate together with Loshini Ramarmuty and Kalaiarasan Rasadurai, both from Skrine, as House B.

As we welcome the month of October and the last quarter of 2022,

we would like to share a short video on what our firm represents.

Azmi Fadzly Maha & Sim - 2022

We are pleased to be part of ASIA ADR WEEK 2022, with the exciting theme, “COMPASSUS: THE ODYSSEAN COURSE TO MODERN ADR”, our Ahmad Fadzly Abdul Gani and Deepak Mahadevan will join a diverse group of speakers who will speak at various sessions throughout the three days from 6th to 8th October 2022.

There will also be three pre-event days namely Rules Day, Contracts Day and International Day.

Come and join us at AIAC’s Bangunan Sulaiman or virtually through Brella platform as we navigate through the latest ADR developments and share best practices from experts in the ADR field in this highly anticipated event.

Tickets are open for sale as per the details below:

Full Conference (6th – 8th October 2022): MYR 1700/USD 385

Days 1 & 2 (6th – 7th October 2002): MYR 1200/USD 275

CIPAA Conference (8th October 2022): MYR 600/USD 140

Virtual Pass (Brella) for Full Conference (6th – 8th October 2022): MYR 200/USD 50

Pre-events (3rd – 5th October 2022): Complimentary



For more information on ASIA ADR WEEK 2022, head on to bit.ly/AADRW_2022.

Our partners Ahmad Fadzly Abdul Gani and Deepak Mahadevan will be speaking at the upcoming Asia ADR Week 2022 (3rd - 8th October 2022) - Compassus: The Odyssean Course to Modern ADR organised by Asian International Arbitration Centre

Do not miss this week-long hybrid conference which will start from 3rd October until 8th October 2022.

To register your interest or to know more about the conference, head on to www.aiac.world or email [email protected]

This year, Parliament has passed significant amendments to the existing Employment Act 1955 (“Previous Act”), by way of the Employment (Amendment) Act 2022 (“Amendment Act”) that was initially set to come into force on 01.09.2022.

However, the Malaysian Minister of Human Resources, Datuk Seri M. Saravanan, held a press conference in the afternoon of 26.08.2022, where he informed reporters that the implementation of the Amendment Act will be deferred from 01.09.2022 to 01.01.2023, to give industries more time to incorporate and accommodate the amendments.

In any event, click on the Linkedin Link and see our summary of the key amendments in the Amendment Act and compared them with the previous position.

Please feel free to contact us should you have any queries.

Azmi Fadzly Maha & Sim on LinkedIn: Amendments to the Employment Act 1955 This year, Parliament has passed significant amendments to the existing Employment Act 1955 (“Previous Act”), by way of the Employment (Amendment) Act ...

A new website is now live!!

www.afmslaw.com

Home - AFMLAW Safe Diagnoses PhilosophyServicesFind us AFMS aspires to be the foremost innovative law firm by building long-term relationships with clients based on reciprocity, trust and the highest standards of professional ethics. By adopting new models for the delivery of legal services, we strive to redefine...

Last week our Deepak Mahadevan and Ahmad Fadzly had the privilege of sharing their experience with fellow members and future members of the Bar

Thank you for having us!

A small raya and birthday celebration at our new unit.

Selamat Hari Raya!!

Selamat Hari Raya everyone from all of us at Azmi Fadzly Maha & Sim!

Just a few more days to Hari Raya!

Finally, we have Mr. Brian Sim. With his keen sense of business acumen and in-depth knowledge in the commercial industry, Mr. Brian offers practical insights in advising his clients in a diverse range of corporate transactions, including mergers and acquisitions, corporate and start-ups structuring and general corporate advisory work. Mr. Brian also regularly advises corporate and government related companies on real property transactions including commercial and property developments, sale and acquisition of properties, leases and tenancies.

Today on our final Meet the Team Monday, let us introduce you to our partners of the firm!

Next, we have Mr. Ahmad Fadzly Abdul Gani who holds a diverse portfolio in litigation, alternative dispute resolution and commercial advisory work. He actively acts as counsel at the Court of Appeal and Federal Court for public listed companies and GLC's. He is also a member of the Medico-Legal Society of Malaysia, an Adjudicator with AIAC, and a member of the Malaysian Bar Disciplinary Committee. As a civil litigator, Mr. Fadzly’s diverse portfolio spans across disputes involving taxation, debt recovery, contractual breaches, breach of confidentiality, shareholder disputes, in addition to construction. In his spare time, Fadzly is currently training to complete his first Ironman.

Today on our final Meet the Team Monday, let us introduce you to our partners of the firm!

We have Mr Deepak Mahadevan who is known for his passion for the law and his extensive legal knowledge through his years of practice and avid reading. Mr Deepak practices in the field of Employment & Industrial Relation matters, Civil and Commercial dispute resolution with a primary focus on construction and engineering disputes. His extensive experience in this area includes advisory and drafting services for all stages of the project lifecycle and formal dispute resolution (whether through litigation, international and domestic arbitration, contractual adjudication or statutory adjudication under the Construction Industry Payment and Adjudication Act 2012 (CIPAA)).

Today on our final Meet the Team Monday, let us introduce you to our partners of the firm!

First, we have Mr. Norazmi Norazman, or more fondly known as Azmi Azman. He has an extensive experience in practice and equipped with in-depth knowledge of local laws, where he regularly conducts trials at the High Court and appeals at the appellate courts. His key focus area is debt recovery (both conventional and Islamic), insolvency, liquidation and receivership matters. He also specializes in property and joint venture disputes, estate disputes as well as corporate and commercial matters. He is also knowledgeable in Islamic Laws, where he is often sought by Syariah counsels to advice in complex Syariah disputes.

Let us then introduce you to our Senior Associate, Sheryl Sim.

Sheryl read law at Cardiff University (UK) and completed her Master of Laws with a Certificate of Specialization in Law and Technology at Berkeley Law, University of California (US).

Sheryl’s portfolio includes corporate and commercial law, and conveyancing practices. She is well versed in corporate real estate, corporate finance and banking, as well as the handling of commercial conveyancing transactions where her clientele ranges from large multinational corporations and GLCs to Small and Medium Enterprises (SMEs) and domestic organizations.

Today on Meet the Team Monday, let us introduce you to our Senior Associate, Ca-Ryn Lye.

Ca-Ryn graduated with an honours law degree in the University of Reading. She completed the Certificate of Legal Practice (CLP) and was admitted as an advocate and solicitor in the High Court of Malaya in January 2011. In the same year, she obtained a diploma in International Arbitration from Brickfields Asia College.

Beyond the legal realm, Ca-Ryn has a deep passion in personal development and the mind body soul connection. She is a certified Practitioner in Neuro-Linguistic Programming (NLP) and has an Advanced Certificate in Clinical Hypnosis.

Ca-Ryn is also the Co-Founder of Reconnect & Recharge, a social movement that empowers people to connect within and with each other towards a meaningful interconnected community. She is dedicated to creating safe spaces for deep relaxation and authentic empowerment.

Moving on to our Senior Associates at , today on Meet the Team Monday, let us introduce you to Jasneeta Bhullar.

Jasneeta, graduated from Northumbria University, Newcastle with LLB (Hons) and Nottingham Trent University with LLM (Corporate Law) with Commendation. Upon being called to the English Bar in 2015 and after a short stint as a lecturer, Jasneeta commenced her pupillage under the guidance and tutelage of, Mr. Norazmi Norazman.

Since commencing practice with the firm, Jasneeta has appeared (either in her own right or as a led junior) in the Court of Appeal, High Court, Industrial Court and other Subordinate Courts around Peninsular. She has also conducted various civil trials, either in her own right or as a led junior, as early as her first year in practice. Jasneeta has assisted our distinguished partners of the firm, Mr. Norazmi Norazman and Mr. Ahmad Fadzly Abdul Gani in various contentious disputes against and/or for governmental bodies, banks, companies and individuals.

Jasneeta, being currently in her fifth year of practice, has developed broad knowledge in civil practice and focus on general litigation – mainly on commercial and contractual disputes. She finds her forte in insolvency and company matters, which she enjoys thoroughly.

Jasneeta is always up for a good challenge which she believes she can overcome with her determination and perseverance.

Today on Meet the Team Monday, let us introduce you to Justina Koh Shu Yin.

Justina commenced her pupillage in AFMS under the guidance and tutelage of our Mr Norazmi Norazman.

Upon admission to the Malaysian Bar, Justina commenced her journey as a legal practitioner under the guidance of both Mr Norazmi Norazman and Mr Brian Sim. Justina is involved in practice areas including general litigation as well as corporate and commercial matters.

Beyond the four walls of the office, Justina enjoys exploring various restaurants and cuisines as a stress buster.

Today on Meet the Team Monday, let us introduce you to Faeza Roselan

Faeza, a Universiti Teknologi MARA (UiTM) graduate, was called to the Bar in July 2019. Despite having little experience with the practical side of dispute resolution, Faeza was certain that it was something she wanted to explore for herself. As a result, after completing her pupillage, Faeza focused her job search on that and eventually came across the firm, where she has remained since.

Faeza, who is now in her third year of practice, focuses on debt recovery in construction disputes through litigation, adjudication and arbitration. She also handles a few employment matters at the Industrial Court, which is on the other side of the spectrum from construction law. Regardless of how difficult both practice areas are, Faeza enjoys the challenge.

Today on Meet the Team Monday, let us introduce you to Moganasundari Mahalingam

After two years of working and shadowing grassroots communities to advocate migrant workers' rights, Mogana joined the firm as a pupil-in-chambers, reading in the chambers of our Mr Deepak Mahadevan.

Since then, she has continued her legal journey under her guidance with the firm and dabbles in constructions disputes as well as some employment matters.

Mogana still continues her migrant workers' rights advocacy with Project Liber8 and with the support of everyone at !