Lavania & Balan Chambers

With the wealth of experience in this area of practice, we have the ability to provide quick and effective advice to our clients in tackling complex corporate disputes and the most demanding of commercial transactions. 

Led by our partner Lavinia Kumaraendran, much of our work in this segment revolves around corporate disputes such as shareholder disputes, claims involving breach of director’s duties, disputes over joint venture companies and disputes arising out of mergers and acquisitions. In addition, we are also experienced in handling corporate governance related litigation, such as disputes on take-over bids and buy out procedures.

We regularly advise shareholders as to their position and statutory remedies available to them when such disputes arise. Our portfolio of work ranges from small start-up businesses, local blue-chip companies to multinational entities. We have in depth knowledge in navigating the complexities of contentious corporate matters. 

It is our highest priority that we conduct our clients’ matters expeditiously and discreetly in order to preserve the stature of the company whilst proceedings are on-going. Disputes between shareholders and directors may also arise in situations where individuals have conflicts of interest in other businesses or ventures which impact their decisions in the company. Our team has experience in untangling these conflicts to provide our clients with the best legal advice to prevent any further dispute whilst circumventing potential liability.

Notable Briefs Include:

• Defending a former Chairman of a statutory body for allegations of breach of fiduciary, statutory and common law duties concerning a subject matter of over RM190 million.
• Represented a company in liquidation against its former directors (including conducting public examination of previous directors and auditors) for breach of fiduciary duties, misappropriation of funds and unauthorised payments.  
• Successfully advised and acted for an individual shareholder sitting in a group of companies in relation to a dispute between the key shareholders in the group of companies. The dispute culminated in the buyout of the shareholder’s shares in the group of companies which at the time, was valued at over RM20 million.
• Represented a former Chairman of a land development authority in defending a claim for breach of directors’ duties. The claim was valued in excess of RM500 million. 
• Defending a Chairman of a Government owned company in a claim for breach of fiduciary duties, breach of trust and conspiracy to injure worth over USD6 billion.

SHAREHOLDERS DISPUTES

Disputes between shareholders and directors frequently occur in the corporate landscape and this can be disruptive in running a company. Malaysia is entering a new era in how shareholders’ disputes are defined and arbitrated following the revamp of the Companies Act 2016.

DIRECTORS DUTIES & LIABILITIES

Directors of a company owe statutory and common law duties to the members of the company. Often times disputes arise where these directors make decisions that are not in the best interests of the company or are otherwise illegal. In these situations, directors are open to facing claims of breaches of duty.