Full-service law firm Rosli Dahlan Saravana Partnership was established in early 2020 to much fanfare due to the profiles of its five founders, all former Lee Hishammuddin Allen & Gledhill partners. The firm is especially strong for tax and commercial disputes, and it is enjoying huge success in its first year despite the effects of Covid-19 on the market. Peers unanimously acknowledge the tax litigation offering as first rate and one of the two new heavy-hitting players in the disputes space. Many of the firm’s submitted cases were high profile and widely reported in the media.
Dispute resolution head Rosli Dahlan helms the team that includes tax and litigation heavyweights DP Naban and Saravana Kumar.
Among the commercial disputes, the team successfully defended a $230 million lawsuit filed by Barakah Offshore Petroleum and its subsidiary PBJV Group. This is the first case where the court dealt with national oil company Petronas’s duty of care under the Petroleum Development Act 1974 in Malaysia.
In an ongoing commercial litigation, the team is acting as lead counsel for Livescape Group in a claim for payments due and damages for purported negligence, breach of contract and defamation, in respect of an underlying dispute in connection with a K-Pop concert involving Korean artists in Malaysia. Pending the outcome of the case, it is anticipated that this will be the very first decision to reconcile the potential liability and obligations owed by event management companies towards their clients under the appointment contract, notwithstanding the complicated event industry landscape in Malaysia.
On the intellectual property front, the IP team is currently representing the Malaysian subsidiary of NTT in a claim for alleged breach of technology agreement. The matter was complex as it involved a counterclaim for failure to make a statutory contribution to the Malaysian Multimedia and Communications Commission, and misrepresentation that requisite media and communications licences were obtained.
Tax work highlights include representing Sunway in a judicial review application against the Minister of Finance; acting for Malayan Banking in challenging the assessments raised by the Director General of Inland Revenue; and representing Allianz General Insurance Company in a judicial review application against the Minister of Finance.
A notable tax matter sees the firm acting for Petronas Penapisan (Terengganu) in filing judicial review against the assessment amounting to RM2.8 billion raised by the Inland Revenue (DG). This is the largest transfer pricing dispute in Malaysia and the region. The granting of leave and stay of proceedings by the High Court Judge also signifies that there is an existence of special circumstances in judicial review proceedings. The decision is important as it concerns the judicial interpretation of the application of transfer pricing law. It will also serve as a good reminder to a public authority like the DG to not exercise its right arbitrarily without observing the parameters of law.
The firm’s IP team got a considerable boost of star power in late 2022 when seasoned IP stars Bahari Yeow and Lim Zhi Jian joined from Gan Partnership as partners.
Ariani Textiles & Manufacturing, Goricven, Hartalega, P2 Asset Management, SEV Renewables and Sime Darby Plantation worked with the firm on dispute matters in the last 12 months.
Client feedback
“Very communicative. Delivers high-quality work.” – Tax
Saravana Kumar
“Excellent tax technical skills. Very attentive.”
