We are pleased to share that Azmi & Associates, led by Partner Abu Daud Abd Rahim and Senior Associate Dayang Roziekah Ussin, has successfully represented a group of companies involved in the provision of offshore support vessel services in the oil and gas industry in an application for leave for judicial review.
The High Court has granted our clients’ application for leave to commence judicial review against the Collector of Stamp Duties and the Minister of Finance concerning the imposition of ad valorem stamp duty on five restructuring loan documents totaling RM3.75 million.
The Attorney General’s Chambers (“AGC“) raised several objections:
- Non-compliance with the statutory process under the Stamp Act 1949: The AGC argued that our clients failed to follow the required process, particularly in relation to the objection under the Stamp Act. We countered that our clients had complied with the stipulated process, and this objection cannot be raised at this stage since the Collector had deliberated on the objection without raising any issue.
- Judicial review filed out of time: The AGC claimed that the judicial review was filed beyond the stipulated time period. We argued that it was filed within the appropriate time frame, based on the final decision issued by the Minister of Finance.
- Duplicity of proceedings: The AGC contended that there was a duplicity of proceedings, as both judicial review proceedings and an appeal process had been filed. We argued that the subject matters are distinct: the appeal is a statutory process under the Stamp Act 1949 against the issuance of the notices of assessment by the Collector, while the judicial review is against the decision of the Collector and the Minister of Finance in imposing the ad valorem duty.
The High Court agreed with our position on all points. It held that the issue we raised regarding the imposition of ad valorem duty on the restructuring loan documents, being supplemental in nature, is of legal significance. Accordingly, leave for judicial review has been granted to our clients.
Azmi & Associates is committed to securing the best possible result for our clients as we proceed to the substantive stage of the judicial review. We will continue to rigorously advocate for our clients’ interests to ensure a favorable outcome in this significant case.
Corporate Communications
Azmi & Associates
29 August 2024
