FIRM NEWS
We are proud to announce the promotion of Soo Siew Mei, Nurulhuda Mansor and Toi Tee Toen as partners of the Firm with effect from 1 January 2017.
The advancement of these Lawyers marks the continued progress and development of the Firm and in particular our Dispute Resolution Practice.
Soo Siew Mei
Partner, Dispute Resolution Practice Group
Soo Siew Mei, who graduated from the University of Malaya with an LL.B (Hons) Degree, was admitted as an Advocate & Solicitor of the High Court of Malaya in July 2008, commencing practice with the Dispute Resolution Practice Group of Shearn Delamore & Co. We have seen her grow from Legal Assistant to Senior Legal Assistant and now move to Partner.
Her main area of practice focuses on corporate and commercial litigation, civil dispute, defamation and other torts. Siew Mei has represented a broad range of clients in various industries involving a range of legal issues. She has appeared both as counsel and Co-Counsel for trials at the High Court and hearings in the Court of Appeal and the Federal Court.
Telephone: +603 2027 2686
Email: siewmei@shearndelamore.com
Nurulhuda Mansor
Partner, Dispute Resolution Practice Group
Nurulhuda was admitted as an Advocate and Solicitor of the High Court of Malaya in October 2008 and joined Shearn Delamore & Co. as an Associate, after having completed her pupillage with us. Huda advanced to a Senior Legal Associate within a few years showing focus and keen interest in the area of Medical Malpractice.
Nurulhuda’s areas of practice consist of all aspect of contentious and non-contentious Professional and Medical Malpractice. She advises and represents private medical doctors and hospitals in Medical Malpractice claims in Court and disciplinary proceedings before the Malaysian Medical Council/ Malaysian Dental Council. She has accumulated wide experience in various aspects of litigation in the Malaysian courts in the area of medical negligence.
Nurulhuda is a life member and past Honorary Secretary of the Medico-Legal Society of Malaysia ("MLSM").
Nurulhuda also writes and speaks on subjects relating to her area of practice. She has presented papers on medico-legal topics at various seminars and conferences. She is frequently invited to speak to doctors in hospitals and give lectures to medical students in local universities on an ad hoc basis.
Telephone: +603 2027 2896
Email: nurulhuda@shearndelamore.com
Toi Tee Toen
Partner, Dispute Resolution Practice Group
Toi was admitted to practice as an Advocate and Solicitor of the High Court of Malaya in November 2008 after obtaining a LL.B (Hons) degree from the University of Cardiff and the Certificate of Legal Practice.
Toi has been a member of the Dispute Resolution Practice of Shearn Delamore & Co. since 2008 moving from Senior Assistant to Senior Legal Assistant. Toi practises in all aspects of civil and commercial litigation both in Court Proceedings and Arbitration Proceedings and has a keen sense of the law having trained for many years with the most Senior Partner in the Practice Group.
He has acted in a wide range of disputes involving commercial, contract and corporate matters including liquidation and insolvency; land law litigation; tort litigation; insurance and aviation disputes.
Telephone: +603 2027 2954
Email: toentoi@shearndelamore.com
Should you have any queries on our new Partners or our Practice Groups, please feel free to contact us.
Datin Grace Yeoh
Managing Partner
gcgyeoh@shearndelamore.com
DISPUTE RESOLUTION
Nordin Ali & Ors v Focus Development Sdn Bhd & Ors [2016] 9 CLJ 907
In the case of Nordin Ali & Ors v Focus Development Sdn Bhd & Ors [2016] 9 CLJ 907, the High Court found that as no more debts were owing to the fifth Defendant (a bank), the fifth Defendant was estopped from proceeding with auction of the properties and any attempt to do so would amount to an unjust enrichment. The Court also endorsed the position that the corporate veil should be lifted if fraud was involved.
In respect of a limitation time bar which was not pleaded as a defence, the Court held that a defendant who defends the case on the merits is precluded from relying on the defence of limitation at the conclusion of trial.
For further information regarding dispute resolution matters, please contact
Datin Jeyanthini Kannaperan
jeyanthini@shearndelamore.com
Robert Lazar
rlazar@shearndelamore.com
FINANCIAL SERVICES
On 2 December 2016, Bank Negara Malaysia had issued a Supplementary Notice on the foreign exchange administration ("FEA") rules ("the Supplementary Notice") which has come into effect on 5 December 2016.
The Supplementary Notice provides for measures to further facilitate foreign exchange risk management, promote settlement of trade and investment in ringgit and enhance the depth and liquidity of onshore market.
Some of the key highlights are as follows:
For further information regarding financial services matters, please contact
Christina S C Kow
christina@shearndelamore.com
Pamela Kung Chin Woon
pamela@shearndelamore.com
INTELLECTUAL PROPERTY
Merck Sharp & Dohme Corp v Hovid Berhad (unreported)
The High Court, in a recent decision, upheld the validity of Swiss-type medical use claims in Malaysia, thereby affirming the Patent Registry’s practices of allowing the patenting of such claims. In so holding, the High Court rejected the Defendant’s argument that Swiss-type medical use claims fall within "methods for the treatment of human body by therapy", the latter of which is prohibited from registration pursuant to section 13(1)(d) of the Patent Act 1983.
In its broad grounds of judgment, the Court had sought to distinguish methods for the treatment of human body from a medical use. The Court took the view that it is evident from the proviso of section 13(1) itself which reads “…Provided that this paragraph shall not apply to products used in any such methods” that the Parliament envisages two different terms, “use” and “method”.
Further, the Court had interpreted the phrase “…for use in a method referred to in paragraph (d) of subsection (1) of section 13, if its use in any such method is not comprised in the prior art” found within the section 14(4) of the same Act, as one that does not discount the possibility of patenting any substance or composition comprised in the prior art for use in a method referred to in section 13(1)(d) if its use in any such method is not comprised in the prior art. Section 13(1)(d) therefore prohibits the patentability of methods of treatment but does not prohibit the patentability of use per se unless the use per se concerns a method of treatment which is generally known.
For further information regarding intellectual property law matters, please contact
Karen Abraham
karen@shearndelamore.com
Indran Shanmuganathan
indran@shearndelamore.com
TAX & REVENUE
Income tax
The Income Tax (Deduction for Investment in a Bionexus Status Company) Rules 2016 have been gazetted on 7 December 2016 and shall have effect from year of assessment 2016.
Further, the Inland Revenue Board of Malaysia has recently issued three new public rulings on:
