Shearn Delamore & Co has built an enviable reputation for advising clients in the financial services, energy, real estate and technology sectors. The firm has renowned practice groups with capabilities across a spectrum of specialisms, including banking and finance, corporate advisory and M&A, construction, employment law, intellectual property, competition advisory and tax. Key individuals such as Anand Raj, an expert in competition and tax, Grace Yeoh, a seasoned corporate and M&A practitioner, Rabindra Nathan, a distinguished name in dispute resolution, Karen Abraham, a go-to counsel for contentious and non-contentious IP advice, Sivabalah Nadarajah, a noted figure in the field of employment law, and Ka Im Goh, a prominent figure in tax advisory, exemplify the depth of talent and expertise that Shearn Delamore has built over the years.
Work highlights
Successfully represented Kind Action in a landmark Federal Court tax dispute against the Inland Revenue Board concerning an RM81 million assessment. The unanimous Q4 2024 ruling established groundbreaking principles prohibiting double taxation under both Real Property Gains Tax Act and Income Tax Act for the same land transactions. The decision is significant as it overturned longstanding precedent by allowing estoppel against tax authorities, protecting taxpayers' legitimate expectations and clarifying that tax clearance certificates, once issued, are final and conclusive.
Key clients
Kind Action (M), Penang Development Corporation, Sime Darby Ara Damansara Development
Work highlights
Successfully represented RHB Bank before the Federal Court in a constructive dismissal case involving an international transfer dispute. The February 2024 ruling definitively established that the contract test, not a reasonableness test, is the primary consideration in constructive dismissal cases in Malaysia. The decision is significant as it aligns Malaysian employment law with other jurisdictions including England and Singapore, providing clarity on the legal framework for assessing constructive dismissal claims while rejecting the need for separate considerations of reasonableness, fairness and good faith.
Key clients
HSBC Bank Malaysia, Petroliam Nasional, Prisma Galeri
Work highlights
Representing Jagasolutions and Red Ideas in a significant utility innovation infringement case that will help establish legal precedent for prior use defences in Malaysia. As defendants in this ongoing High Court matter, the case presents a crucial opportunity to shape the legal framework for utility innovation claims, particularly in the technology sector where such precedents remain limited. The matter is significant as it will help define thresholds for establishing prior use in Malaysian patent law.
Key clients
Bonia lnternational Holdings, Endeavor Standard, Firefly, Malaysia Airlines
Work highlights
Successfully represented Zulazman bin Zulkifli in a landmark Federal Court appeal concerning minority oppression claims by Concrete Parade involving Apex Equity's merger and share buy-back exercises. The March 2024 ruling provided crucial interpretations of the Companies Act 2016, specifically on directors' disclosure duties, shareholders' pre-emptive rights, and the court's validation powers for non-compliant share buy-backs. The decision is significant for establishing precedent on corporate governance issues and minority shareholder rights under the Companies Act 2016.
Key clients
1Malaysia Development, MKD Signature, TMF Trustees Malaysia
Work highlights
Successfully defended Liberty General Insurance against Malaysia Competition Commission's (MyCC) RM21.8 million($5.2 million) fine over alleged horizontal agreement infringement. Following the Competition Appeal Tribunal's unanimous decision to set aside MyCC's ruling in September 2022, the firm secured a significant victory in January 2024 when the High Court dismissed MyCC's judicial review application. The case is notable for establishing precedent in regulatory jurisdiction between Bank Negara Malaysia and MyCC, involving one of MyCC's largest collective fines of more than RM130 million.
Key clients
Allianz General Insurance Company (Malaysia), Generali Insurance Malaysia, Liberty General Insurance
Work highlights
Successfully defended Pestech Technology against Syarikat Pembenaan Yeoh Tiong Lay’s RM39.9 million performance bond demand in a dispute concerning the Gemas-Johor Bahru Electrified Double Track project. The case, which concluded in August 2024, progressed through the High Court, Court of Appeal and Federal Court following the main contractor's termination notice and subsequent attempt to call on the performance bond. The matter is significant due to its impact on a major public infrastructure project connecting Gemas to Johor Bahru.
Key clients
Exyte Malaysia, Pestech, Sabah Electricity
