GENERAL LITIGATION

PUBLIC-INTEREST LITIGATION

• Lead counsel for fraud & conspiracy claim by 354 FELDA settlers against FELDA, in which case the High Court awarded RM7.8 million to Plaintiffs. The decision was upheld by the Court of Appeal and the Federal Court.
  Lembaga Kemajuan Tanah Persekutuan (FELDA) & Anor v. Awang Soh Mamat & Ors [2009] 5 CLJ 1
• Conducted trial against public electricity provider for negligence and familiar with technical details in electricity such as phenomena of voltage surge,power surge, severe voltage transient, transformer winding etc. The Federal Court had allowed the Plaintiffs' claims in part and the High Court, after disposal of assessment proceeding, had granted damages for a sum of RM 25 million.
  Batu Kemas Sdn Bhd v. Tenaga Nasional Bhd & Anor (2015) 7 CLJ 849
• Representing YB Tan Sri Tuan Guru Dato' Haji Abdul Hadi bin Awang, PAS President in a suit filed against him by Christian devotees on the alleged seditious remark on the Christian missionary pursuant to Seditious Act 1948. Amongst the issues involves is whether Malaysian Civil Court has jurisdiction to declare a person having committed sedition.

CONSTITUTIONAL ISSUE

• Representing Majlis Agama Islam Selangor (MAIS) in judicial review case filed by SIS Forum (Malaysia) against MAIS & 2 Ors to quash a fatwa "fahaman liberalisme & pluralisme" issued by Jawatankuasa Fatwa Negeri Selangor, involving issues of jurisdictional clash between civil court and syariah court
  SIS Forum (Malaysia) & Ors v. Jawatankuasa Fatwa Negeri Selangor & Ors [2018] 6 CLJ 748

OIL & GAS INDUSTRY

Conducted hearing for Mareva Injunction, Fortuna Injunction and Originating Summon for oil and gas contract dispute involving 2 giant companies in Malaysian oil & gas industry.
Inai Offshore & Marine Engineering Sdn Bhd v. MMHE

Conducted a full trial in a dispute between a shareholder of Singaporean's oil and gas giant on issue of share held on trust.
Emas Offshore (M) Sdn Bhd v. Suhaimi Maryani & Anor [2014] 10 CLJ 279

CONSTRUCTION & DEVELOPMENT

• Conducted successful appeal in a massive construction dispute involving construction of UiTM for the sub-contractor. The High Court ruled in favour of the Main Contractor and award damages for rectification work adn damages for unlawful suspension of work. On appeal, the Court of Appeal overturned the High Court's decision, stating that the suspension of work pursuant to PAM Contract on the reason of non-certification and non-payment is valid.
  Kembang Serantau Sdn Bhd v. YBKU Sdn Bhd 2019
• Conducted full trials and arbitration proceedings for construction's case involving issues on PAM Contract, final account, defect liability period, wrongful termination etc

COMMERCIAL NEGLIGENCE & DISPUTE

• Conducted a full trial for Defendant in counter claim against renowned financial institution for negligence, conspiracy to injure & defamation. Kuala Lumpur High Court awarded RM550,000-00 for damages
  Maybank Finance Berhad v. Otahulu Industries (M) Sdn Bhd & 4 ors [2008] 1 LNS 56
• Conducted successful trial for a renowned singer, Dato' Syeikh in an action against Universal Music for infringement of performer's right
  Syeikh Abdullah Ahmad V Universal Music (M) Sdn Bhd (2017) 8 CLJ 79
• Representing National Aerospace & Defence Industries (NADI) in a civil suit against Ministry of Defense and Government of Malaysia regarding supply of Bakhtan Shikan missiles for a total claim of RM10 million
• Successfully conducted appeal in Court of Appeal with regards to the setting aside of Anton Pillar Order

DEFAMATION

• Representing YAB Dato' Seri Haji Muhammad Sanusi bin Md Nor, Mentri Besar Kedah in an action against YB Dato' Mahfuz bin Haji Omar for defamatory remark published by YB Mahfuz in a facebook posting regarding the issue of purchase of vehicle by Syarikat Air Darul Aman (SADA)
• Defending HARAKAH in an action filed by YB Datuk Seri Mujahid bin Yusof for alleged defamatory publication regarding issue of Nur Sajat and approach taken by the then government on religious issues.
• Defending HARAKAH in an action filed by YB Mohamad bin Sabu for alleged defamatory publication regarding issue of internal scuffle between him and Husam Musa
• Defending Berita Nasional Malaysia (BERNAMA) in several actions for alleged defamatory publications
• Defending YAB Dato' Seri Haji Muhammad Sanusi bin Md Nor, Mentri Besar Kedah in an action filed by the Prime Minister; YAB Datuk Seri Anwar Ibrahim for alleged defamatory remark regarding the reputation of YAB Datuk Seri Anwar Ibrahim and the pardon given by Yang di-Pertuan Agong XV
• Representing YB Dato' Sri Haji Tuan Ibrahim Tuan Man in an action against YB Rafizi Ramli for defamatory remark published by YB Rafizi Ramli in social media and press conference regarding alleged misconduct by YB Dato' Sri Haji Tuan Ibrahim Tuan Man when acting as minister of Kementerian Air dan Alam Sekitar during the period of caretaker governement.

SOCIETY & ASSOCIATION

• Conducting matters involving dispute in sport association. Representing a client in an action to review the decision of Footbal Association Malaysia in suspending the client from office
  Tan Sri Annuar Musa v. FAM (2014) 2 CLJ 624
• Represented a group member of SENIMAN (Association of Malaysia Artist) for a declaration that the Annual General Meeting of SENIMAN is invalid. The High Court allowed the declaration after full-blown trial
  Abu Bakar bin Omar & Oth v. SENIMAN (2013) 1 LNS 1143

COMMERCIAL & BANKING

Recovery of debt involving civil action until judgment for housing loan, personal loan, term loan, educational loan, overdraft facility, credit card facility, hire purchase, unit trust financing, Islamic loan facility, Islamic unit trust financing, share margin financing, bridging loan etc. Handled cases for Citibank Malaysia Berhad, Ambank Berhad, AmFinance Berhad, RHB Bank Berhad, Affin Bank Berhad, Malayan Banking Berhad, United Overseas Bank (UOB) Berhad, Bank Kerjasama Rakyat Berhad, Bank Islam Malaysia Berhad, Malaysian Building Society Berhad (MBSB) etc. Conducted several full trials for recovery of debt especially involving share margin facility.

In summary, Yusfarizal had the following experience in Banking Litigation:

• Recovered of debt for Islamic Financial Institution such as Bank Islam Malaysia Berhad, Bank Rakyat, Bank Muamalat and Al-Rajhi involving various types of Islamic product including Bai' Bithaman Ajil, Bai' Al-Inah, AITAB, Ijarah Muntahiyyah Bittamlik, Musyarakah Mutanaqisah, Mudhrabah & Revolving Mudharabah, Istisna, Qardhul Hassan, Trade Line (Commodity sale & purchase) etc.
• Experienced in handling foreclosure proceedings for assigned or charged property involving Registry title or Land Office title. Able to handle contested foreclosure proceedings
• 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
• Experienced in handling negligence suit against one financial institution involving unauthorized withdrawal of facility from company's account
• Involved in landmark case for Bai Bithaman Ajil in High Court and Court of Appeal as co-counsel
  Arab-Malaysian Finance Bhd v. Taman Ihsan Jaya Sdn Bhd & Ors; Koperasi Seri Kota Bukit Cheraka Bhd (Third Party) and Other cases [2009] 1 CLJ 419, and appeal thereof to the Court of Appeal
• Rendered advice and opinion on various issues on banking and corporate practice. Among other is on appointment of R&M, rehabilitation of abandoned project vis-a-vis civil proceedings, swapping of shares, remedy of shareholders (petition under Section 181), syndicated loan etc
• Conducted hearing of interlocutory application (summary judgment, striking out, 014A, injunction) for dispute on banking debt Experienced in preparing paperwork for appointment of receiver and manager pursuant to the Debenture agreement
• Conducted leave application to appeal to Federal Court on bankruptcy issues

PAPERS & ARTICLES

• GACOS (Gated Community Scheme): Development In Malaysia In Light Of Amendment To Strata Act Title Act 1985 (2008) 9 CLJ
• Contracting Out of Contract Act 1950 (2009) 1 CLJ
• Judicial Method Of Ascertaining Nature Of Charges On Book Debts [2009] 7 CLJ xxxvi
• Resolving Jurisdictional Dilemma In Recent Religious Disputes By Legal Mechanisms 2022 39 No.1 INSAF 72

LEGAL TEXTBOOK

• Civil Litigation in Malaysia: A Practical Guide To Drafting Pleading, 2016
• A PRACTICAL GUIDE TO DRAFTING
  

  The book has become a compulsory textbook for various law schools in Malaysia. Wrote by Yusfarizal Yussoff and his co-author; Assoc. Prof. Shahrul Mizan, the book provides information and the critical skills necessary for civil litigation, focusing on skills to draft and file a civil suit at the initial stage of a civil action.