Tay & Partners

Malaysia

Analysis

Overview

Full-service commercial law firm Tay & Partners advises a range of local and international clients in corporate and M&A transactions, particularly those operating in industries such as aviation, retail, food and beverage, technology, manufacturing, real estate and oil and gas. As a trusted adviser to Singaporean companies expanding into Malaysia, the firm provides support on complex banking litigation matters for major international banks, financial institutions and corporations, enabling practical solutions through litigation and alternative dispute resolution mechanisms. The firm lost its main competition force earlier this year with the departure of Nicole Leong, who left the firm to set up her own practice, Wen & Co. Hong Yun Chang and Weng Yew Wong are key partners. 

Client feedback 

“A clear explanation of the areas involved in the deal, with a willingness to go the extra mile to ensure the client’s interests are well covered.”  – Corporate and M&A 

“Tay & Partners is clear, practical and responsive.” – Dispute resolution 

“Resourceful and responsive.” – Dispute resolution 

“They helped us understand Malaysian law. And, due to their research, we could answer the questions from Taiwanese judges in litigation.”  – Dispute resolution 

“The trademark prosecution work was excellent.” – Intellectual property 

Soo Chuan Cheah 

“Knowledgeable, with a positive attitude.” 

Wei Wen Khor 

“Expert knowledge of Malaysian law. The services provided assisted us greatly in managing our cases relevant to Malaysia.” 

Mei Ying Wong 

“Ability to understand the client’s needs and direction, and clearly articulate the pros and cons of the proposal while highlighting the potential issues of a suggested solution.” 

Leonard Yeoh 

“Sophisticated knowledge of local law and dynamics.” 

Intellectual property

Work highlights 

Acting for Kingtime International in a suit filed by Petronas Carigali that seeks to invalidate two of the client’s patents. The patents concern a mobile offshore production unit (MOPU) whose unique feature is the ability for the wellhead support structure to be detached and used independently from the offshore unit. 

Advised Mothercare Global Brand on obtaining the relevant approval from the Registrar of Franchise for updating its agreement for the operation of the Mothercare franchise in Malaysia, including reviewing the updated franchise agreement for compliance with Malaysian franchise law and to ensure overall protection of its substantive rights of termination, renewal, intellectual property rights and trade secrets. 

Key clients 

Lazada Malaysia, Pernod Ricard, Sapporo Holdings, Top Glove Corporation 

Dispute resolution

Work highlights 

Acting for Hyundai Engineering Malaysia in an appeal involving a call on a bank guarantee amounting to approximately RM11 million ($2.4 million). The appeal determined that where a call is made lawfully on an on-demand, unconditional bank guarantee, the courts ought to honour the call on the bank guarantee. This would be a landmark ruling in Malaysia, Singapore and across Asia. 

Representing Country Garden in defending a claim filed by 49 purchasers of condominium units at Country Garden Danga Bay in Johor on the grounds of misrepresentation, alleging that the developer had delivered units that were different from the design agreed in their sale and purchase agreements. This is a high-profile lawsuit constituting a class action, involving billions of Malaysian Ringgit and one of the largest development projects in Malaysia. This case has been closely watched by the news media in Malaysia, Singapore, Hong Kong, Taiwan, China and other countries. 

Key clients 

Cuckoo International (MAL), Grohe Malaysia and Lixil Corporation, Hitachi Sunway Information Systems 

Corporate and M&A

Work highlights 

Acting as Malaysian counsel for a Singapore AI-driven technology company on its proposed subscription of shares in a company that is in the business of providing financial risk technology services and developing intelligent risk solutions for the banking and electronic payments industry. Following the subscription, the client would be able to leverage on the target company’s intelligent risk technology to strengthen its offerings on digital transformation, fraud prevention and process automation to consumers, merchants and enterprises in south-east Asia. 

Advised a global real estate services firm in its proposed acquisition of a minority equity stake in a valuation and real estate agency company. The target company is principally involved in valuation and real estate agency, which are regulated sectors in Malaysia. Following the acquisition, the client will be able to expand its current business portfolio to include these services in Malaysia. 

Key clients 

Maxi-Cash (Malaysia)