YM Raja Dato’ Ahmad Mohzanuddin Shah Raja Mohzan is Co-Deputy Managing Partner and Litigation Partner of Azmi & Associates. YM Dato’ obtained his LL.B (Hons) from MARA University of Technology in 1999. Upon his admission as an Advocate and Solicitor of the High Court of Malaya in 2000, he commenced his legal practice at Messrs. Syed Ibrahim & Co. where he oversaw the firm’s civil and criminal litigation cases. In 2002, he went into a partnership and formed a legal firm, where he was the partner in charge of the litigation practice.
On 2nd January 2004, YM Dato’ joined Azmi & Associates’ Litigation and Arbitration Practice Group as an associate and was elevated as a partner of the firm in October 2006. He was subsequently made the Co-Deputy Managing Partner in July 2012 and sits on the firm’s Governance Committee.
He advises and acts as advocate in a broad field of civil dispute resolution, encompassing administrative and constitutional, automotive, banking, bank guarantees, company law, construction and engineering, consumer and retail, e-commerce, energy and utilities, healthcare, indemnities and warranties, infrastructure, joint venture, land, media, sport and entertainment, mining and natural resources, negligence, regulatory, and shareholder disputes.
YM Dato’ is instructed to appear in a wide range of forums, from the Federal Court, Court of Appeal, High Court to arbitrations. He also specialises in the preservation and recovery of movable and immovable property and information, through interim and final injunctions, freezing orders, search orders, delivery and tracing.
His greatest success was overturning an award of damages for breach of contract which exceeded RM1.2 billion. He was successful in the Court of Appeal and prevailed again in the Federal Court. The case involved complex points of law relating to civil procedure. He had to deal with numerous interlocutory applications at the High Court, Court of Appeal and Federal Court, including the stay of enforcement of judgment, and successfully protected his client’s interests in all of them.
YM Dato’ has in recent years been instructed to assist a foreign corporation in recovering specific financial and distributorship documentation against its local distributor through an Anton Piller Order; managing, negotiating and restructuring multi-million ringgit debts and judgments owed by clients to third parties on favourable terms; and preventing, by way of an urgent Mareva Injunction, a foreign-owned corporation from taking high-tech data and computer components overseas. He has also been instructed in sensitive matters concerning issues in the national interest.
YM Dato’ couldn’t imagine himself being anything other than a litigator. In his career, the management and pursuit of victory in complex commercial disputes is his priority, and he enjoys sharing his experience with others to help them do the same.
Below are some of his notable assignments:
- Represented Tenaga Nasional Berhad at the Federal Court in opposing an application by a company for leave to commence judicial review proceedings on the powers granted to Tenaga Nasional Berhad under Section 38 of the Electricity Supply Act 1990. The Federal Court upheld the decisions of the courts below and ruled in favour of Tenaga Nasional Berhad. Section 38 of the Electricity Supply Act 1990 relates to the powers given to Tenaga Nasional Berhad to disconnect electricity supply at the consumer’s premises pursuant to a finding of meter tampering and to claim for loss of revenue.
- Appointed as counsel to represent Tenaga Nasional Berhad at the Court of Appeal on behalf of TNB’s panel of legal firms to oppose several mandatory injunction applications for orders to reconnect electricity supply in cases that involve electricity supply and offences under Section 38(1) of the Electricity Supply Act 1990. The Court of Appeal ruled in favour of Tenaga Nasional Berhad by setting aside mandatory injunctions granted by the High Court.
- Successfully represented and acted for Tenaga Nasional Berhad at the High Court and the Court of Appeal for cases that involved claims for lost revenue as a result of meter tampering.
- Appointed by a large corporation wholly-owned by the Government on Malaysia to provide a legal opinion on an issue of national interest, governed by the Official Secrets Act 1972.
- Appointed as counsel by a legal firm to represent the Kelantan State Government in the Court of Appeal and then in the Federal Court in a case that involved the termination of a timber concession contract. The success meant that the State Government was discharged from its liability to pay a judgment sum in excess of RM1.2 billion.
- Appointed as counsel by a legal firm to represent the Kelantan State Government in the Court of Appeal, to oppose a judicial review application filed against the State Government and the Kota Bharu Municipal Council relating to an enactment that banned gambling. The Court of Appeal ruled in favour of the State Government.
- Appointed as counsel to represent Kumpulan Pertanian Kelantan Berhad (KPKB) at the Court of Appeal in a claim for the recovery of land originally owned by the Kelantan State Government; the Court of Appeal ruled in favour of KPKB.
- Successfully represented the Kelantan Darulnaim Foundation (YAKIN) in the Kota Bharu High Court for a declaration that a joint venture agreement was validly terminated. Decision subsequently upheld by the Court of Appeal.
- Represented a plantation conglomerate in a claim that related to the termination of a plantation management services agreement whereby an amicable settlement was achieved at the Court of Appeal.
- Represented Kelantan Chief Minister Incorporated (PMBK) in a RM230 million compensation claim filed by a company representing Korean and local entities which involved the construction of the Kota Bharu-Kuala Krai Highway Project. Successfully represented PMBK in the High Court and the Court of Appeal.
- Represented an established Malaysian manufacturer and exporter of sugar (“the Client”) in a matter of alleged infringement of a trademark belonging to an Australian company and contravention of the Australian Trade Practices Act 1974 and Trade Marks Act 1995. This involved questions of jurisdiction under the Paris Convention for the Protection of Industrial Property, the Australian Law Reform Commission with regards to International Litigation and the enforcement of foreign judgments under the Malaysian Reciprocal Enforcement of Judgment Act 1958. The robust response provided by YM Dato’ was so comprehensive that the Australian company did not pursue the matter.
- Prepared a legal opinion on issues in relation to the restructuring of an existing online payment system. This involved consideration and advice on an array of legislation, rules and guidelines, including the Payment Systems Act 2003; the Banking and Financial Institutions Act 1989; the Islamic Banking Act 1983; the Electronic Commerce Act 2006; the Digital Signature Act 1997; the Communication and Multimedia Act 1998; the Computer Crimes Act 1997; the Central Bank of Malaysia Act 1958; Bank Negara Malaysia Guidelines; the Contracts Act 1950; the Consumer Protection Act 1999; the Evidence Act 1950; and the Limitation Act 1953.
- Assisted clients with drafting protection clauses into their corporate agreements to bolster the protection of their rights in the event of potential disputes.
- Conducted cases involving Islamic banking.
- Prepared a legal opinion on a case of defamation for a foreign law firm, concerning a high-profile individual.
- Prepared a legal opinion on enforcement of a costs order by the English High Court in Malaysia.
- Acted as counsel and successfully resisted an application for an injunction against a Member of Parliament, which sought to prevent him from tabling a private bill in Parliament.
- Acted as counsel in the Federal Court and successfully resisted an application for leave to hear the matter, involving a claim for a declaration of invalidity of a law under Article 4(4) of the Federal Constitution.
Some of his reported judgments are as follows:
- WRP Asia Pacific Sdn Bhd v Tenaga Nasional Bhd  4 MLJ 296, FC.
- Ace Polymers (M) Sdn Bhd (in liquidation) v Ketua Pengarah, Lembaga Kemajuan Ikan Malaysia & Ors  5 MLJ 865, HC.
- Hai San Ice Industries Sdn Bhd v Tenaga Nasional Bhd  9 MLJ 242, HC.
- Yang Dipertua Majlis Daerah Gua Musang v Pedik bin Busu & Ors  MLJU 1398, CA.
- Majuikan Sdn Bhd v Barclays Bank Plc  1 MLJ 171, CA.
- Syarikat Kemajuan Timbermine Sdn Bhd v Kerajaan Negeri Kelantan Darul Naim  3 MLJ 609, FC.
- Adil Juta Sdn Bhd v Tenaga Nasional Bhd  9 MLJ 379, HC.
- Perbadanan Menteri Besar Kelantan v Syarikat Perusahaan Majubina Sdn Bhd  4 MLJ 570, CA.
- Dae Hanguru Infra Sdn Bhd v. Baldah Toyyibah (Prasarana) Kelantan Sdn Bhd & Anor  1 LNS 653, HC.
- Tenaga Nasional Bhd v Asia Knight Bhd (previously known as Pahanco Corp Bhd)  5 MLJ 681, CA.