Mohamad Zaid Daud

PARTNER | LL.B (HONS) IIUM, LL.M (MALAYA)

Zaid Daud graduated from the International Islamic University Malaysia in 2006 and called to the Bar in 2007, he was, from the very beginning, under the tutelage of Yusfarizal at Messrs Zulpadli & Edham, specializing in general litigation, especially big-ticket corporate litigations. His contributions to the firm were eventually recognized and he was elevated to the position of partner, helming the firm's litigation department together with Yusfarizal. When Yusfarizal dreamt of bigger dreams, he naturally followed and was one of the founding partners of YAZ. During his early practice years, despite his tight schedule and hectic lifestyle, as any litigation lawyer worth his salt can testify, he nevertheless managed to further his studies at Universiti Malaya and was conferred with LLM with distinction, all while still practicing as a full-fledged litigation lawyer. His forte is general litigation, particularly contested corporate disputes, construction law and tortious liability cases.

Key Practice Areas

Commercial & Corporate Recovery
Dispute Resolution
Construction Law and Land Disputes
Tortious Claim
Judicial Review
Corporate Dispute

Professional Qualification & Membership

Advocate & Solicitor of the High Court Malaya

Career Highlight

GENERAL LITIGATION

Conducted trial against National Registration Department for negligence
Mohamad Daud v. Jabatan Pendaftaran Negara [2011] 8 CLJ 72
Conducted trial and arbitration proceeding for construction disputes
Advising and representing Dewan Bandaraya Kuala Lumpur (DBKL) on matters and suits relating to contract and properties
Advising Amanah Raya Berhad on various issue of estate disputes
Experienced in conducting construction claims through adjudication proceeding
Conducted an arbitration trial on construction maters against Jabatan Kerja Raya (JKR) and Kementerian Pendidikan Malaysia
Conducted trial on a defamation suit and counter claim for tort of interference
AR Haji Nazlan Baharudin & Satu Lagi Iwn Koridor Padu Sdn Bhd & Yang Lain [2015] 1 LNS 729
Representing Amanah Raya Capital Berhad in contested foreclosure
Amanah Raya Capital Berhad v. Fawzia Binti Othman [2014] 1 CLJ 432
Conducted trial and appeal against MARA
Majlis Amanah Raya v. Atlantis Palafox Sdn Bhd [2013] 1 LNS 311
Successfully representing Amanah Raya Berhad in an action by beneficiaries for negligence as Estate Administrator

COMMERCIAL & BANKING

Representing Exim Bank Malaysia Berhad in numerous disputed litigation cases involving issues of receivership, liquidation, insurance claim, allegation of unlawful termination and wrongful disbursement of financing facility as well as issue of financing security. In doing so, he had been exposed to legal process outside jurisdiction such as Sudan, Indonesia, Bosnia Herzegovina, Singapore and the United Kingdom
Representing Bank Islam Malaysia Berhad in numerous disputed litigation cases involving intricate issues such as defamation, infringment of privacy right, unauthorised withdrawal of money, disputed guarantee agreement, unlawful termination of bridging facility, as well as wrongful termination of Bai-Bithaman Ajil facility for adverse material finding
Recovery of debt for Islamic Financial Institution such as Bank Islam Malaysia Berhad, Bank Kerjasama Rakyat Malaysia Berhad, Bank Muamalat and Al-Rajhi involving various types of Islamic products including Bai' Bithamin Ajil, Bai' Al-Inah, AITAB, Ijarah Mutahiyyah Bittamlik, Musyarakah Mutanaqisah, Mudharabah & Revolving Mudharabah, Istisna, Qardhul Hassan, Trade Line (Commodity sale purchase) etc
Representing Al-Rajhi Banking & Investment Corporation (M) Bhd in a suit against a rubber supplier
Al-Rajhi Banking & Investment Corporation (M) Bhd v Hapsah Food Industries Sdn Bhd & Oth (2011) 1 LNS 1579
Representing renown Islamic Bank for several negligence and fraud action by customer involving complicated issues such as validity of restructuring scheme, fraudulent withdrawal of financing etc
Experienced in handling execution proceedings such as Bankruptcy, Winding-up, Garnishee, Judgment Debtor Summons, Writ Seizure and Sale etc. Able to handle contested Bankruptcy and Winding-up matters
Advising Exim Bank Malaysia Berhad on various issues involving cross-border loan and litigation process

REPORTED CASES

Being a litigation lawyer, Zaid had conducted a lot of litigation cases. Among those that are reported are as follow:

Mazlan Chik & Ors v Datuk Bandar Kuala Lumpur [2019] 1 LNS 1072
De' Alfa Textiles Sdn Bhd v Bank Kerjasama Rakyat Malaysia [2018] 1 LNS 2094
Bank Kerjasama Rakyat Malaysia v Kejora Pelangi Sdn Bhd [2018] 1 LNS 851
Batu Kemas Industri Sdn Bhd v Kerajaan Malaysia & Anor [2015] 7 CLJ 849
Tan Sri Dato' Sri Panglima Hj Annuar Hj Musa v Persatuan Bola Sepak Malaysia & Anor [2014] 1 LNS 432
De Tebrau Makmur Sdn Bhd & Anor v Bank Kerjasama Rakyat Malaysia Berhad [2017] 1 LNS 252