Civil Litigation
The civil practice of the firm firmly rests on the ability of the team to address cross-over issues with the facility that its multi-disciplinary capabilities allow for. The firm is regularly briefed in complex civil disputes in a diverse range of areas.
Notable cases include:
- Tey Por Yee & Anor v Protasco Bhd & Other Appeals [2020] 5 CLJ 216. Court of Appeal decision in relation to the discovery and inspection of banker’s books and the applicability of the Bankers’ Books (Evidence) Act 1949. This decision is pending appeal at the Federal Court.
- Waja Manufacturing (M) Sdn Bhd & Ors v Alliance Bank Malaysia Bhd & Other Appeals [2009] 6 CLJ 239. Federal Court decision on consolidation of actions.
- Duli Yang Amat Mulia Tunku Ibrahim Ismail Ibni Sultan Iskandar Al-Haj v Datuk Captain Hamzah Mohd Noor & Another Appeal [2009] 4 CLJ 329. Federal Court decision on protective writs and extensions of the same.
- Menteri Hal Ehwal Dalam Negeri v Raja Petra bin Raja Kamarudin [2009] 4 MLJ 484. Federal Court decision on reviews based on quorum failure.
- Gurbachan Singh s/o Bagawan Singh & Anor v Vellasamy s/o Pennusamy & Ors and other applications [2012] 2 MLJ 149. Federal Court decision on reviews based on quorum failure.
- Subramaniam AV Sankar & Ors v Peter Tang Swee Guan [2010] 8 CLJ 963. Court of Appeal decision on the review of Court of Appeal decisions.
- AV Asia Sdn Bhd v Measat Broadcast Network Systems Sdn Bhd [2014] 3 MLJ 61. Federal Court decision on injunctions in respect of agreements entitling parties to equitable relief.
- Ng Yee Hong v Malaysian Institute of Accountants [2021] 1 CLJ 666. Court of Appeal decision on disqualification of solicitors from representing a client on grounds of conflict of interest.
- Protasco Bhd v Tey Por Yee & Anor [2021] 9 CLJ 349; Federal Court decision in relation to the discovery and inspection of banker’s books and the applicability of the Bankers’ Books (Evidence) Act 1949. The decision of the Court of Appeal is reported at [2020] 5 CLJ 216
- Mohd Zaid Ibrahim v Chew Seng Kok & Ors [2021] 1 LNS 1318; High Court decision on pre-action discovery under Order 24 Rule 7A, Rules of Court 2012
- Aviation Development Corporation (M) Sdn Bhd v Yayasan Selangor [2022] 3 CLJ 165; This was a Federal Court decision on assessment of damages relating to a development agreement. The Federal Court reaffirmed several fundamental principles concerning assessment of damages arising from findings of breaches of contract, and the manner in which such assessments must be carried out, particularly with respect to the standard of proof.
- Integrated Training and Services Sdn Bhd v Kerajaan Malaysia & Ors [2022] 4 CLJ 697; This was a significant Federal Court decision concerning the use of expert determination clauses in agreements, specifically with regard to agreed compensation.
- Tony Pua Kiam Wee v Government of Malaysia & Another Appeal [2020] 1 CLJ 337. Landmark Federal Court decision which determined that the Prime Minister is a ‘public officer’ for the tort of misfeasance in public office.
- Syarikat Sebati Sdn Bhd v Pengarah Jabatan Perhutanan & Anor [2019] 3 CLJ 157. Federal Court decision on the validity of a logging concession agreement and the application of Section 3, Government Contracts Act 1949.
- Kerajaan Malaysia & Ors v Lay Kee Tee & Ors [2009] 1 MLJ 1. Federal Court decision on the joinder of primary tortfeasors.
- Dr Sanusi bin Osman dan lain-lain v Datuk Ismail bin Che' Ros dan lain-lain [2011] 3 MLJ 374. High Court decision on the wrongful arrest and imprisonment of more than 100 participants of a conference on the then annexed East Timor.
- Kerajaan Negeri Selangor v Syarikat Bekalan Air Negeri Selangor Sdn Bhd; Kerajaan Malaysia (Third Party) [2012] 1 LNS 979. Court of Appeal decision on water concession agreements and the amendment of pleadings.
- Syarikat Bekalan Air Negeri Selangor Sdn Bhd v Kerajaan Negeri Selangor [2014] 4 MLJ 147. Court of Appeal decision on the striking out of third party claims.
- YKK (Malaysia) Sdn Bhd v Pengarah Tanah dan Galian Johor [2021] 8 CLJ 179; Federal Court decision on whether the alienation of land under section 76 of the National Land Code read with an option to renew clause in a lease gave rise to a contractual lease between the State and the lessee.
- Pengarah Tanah dan Galian Pulau Pinang & Ors v Tang Hak Ju [2012] MLJU 73. Court of Appeal decision on the assessment of damages for the forfeiture of land by the Penang State Government.
- Cuah Eng Khong v Malayan Banking Bhd [1999] 2 CLJ 917. Federal Court decision on equitable charges.
- Peh Lai Huat v MBF Finance Bhd [2009] 5 CLJ 69. Court of Appeal decision pertaining to limitation and charge actions.
- Perwira Affin Bank Bhd v Lim Weow [1998] 4 CLJ 17. Court of Appeal decision pertaining to limitation and charge actions.
- Sinnaiyah & Sons Sdn Bhd v Damai Setia Sdn Bhd [2015] 5 MLJ 1. Federal Court decision which lowered the standard of proof in civil fraud claims from beyond reasonable doubt to a balance of probabilities.
- Gurbachan Singh s/o Bagawan Singh & Ors v Vellasamy s/o Pennusamy & Ors (on their behalf and for the 213 sub-purchasers of plots of land known as PN35553, Lot 9108, Mukim Hutan Melintang, Hilir Perak) and other appeals [2015] 1 MLJ 773. Federal Court decision involving breach by solicitors of duties owed to clients.
- Wan Zaizul Adli Wan Zulkifli v NTP World Corporation Sdn Bhd & Ors [2022] 1 LNS 781; This is a High Court decision dismissing a claim on conspiracy by unlawful means to fraudulently deprive the plaintiff of the Subject Shares, conversion and detinue.
- Dato’ Dr Low Bin Tick v Datuk Chong Tho Chin & Other Appeals [2017] 8 CLJ 369. Federal Court decision on the defences of absolute and qualified privilege.
- Mahadevi Nadchatiram v Thiruchelvasegaram Manickavasegar [2003] 4 CLJ 20. Federal Court decision on defamation in the course of legal proceedings and the defence of absolute privilege.
- Irene Fernandez v Utusan Melayu (M) Sdn Bhd & Anor [2008] 2 CLJ 814. High Court decision on the Reynold’s defence of qualified privilege.
- Sun Media Corporation Sdn Bhd v The Nielsen Company (Malaysia) Sdn Bhd) [2020] 7 CLJ 751. Court of Appeal decision on whether a duty of care was owed by a syndicated survey company to the publisher of a newspaper, which alleged that the company’s survey had under-represented its readership numbers.
- Tenaga Nasional Malaysia v Batu Kemas Industri Sdn Bhd & Another Appeal [2018] 6 CLJ 683. Federal Court decision on the duty of care owed by Tenaga Nasional to consumers.
- Batu Kemas Industri Sdn Bhd v Kerajaan Malaysia & Tenaga Nasional Bhd [2015] 5 MLJ 52. Court of Appeal decision on the non-delegable duty of care owed by the Government of Malaysia towards third parties in limited circumstances.
- Chong Fook Sin v Amanah Raya Bhd & Ors [2010] 7 CLJ 917. Federal Court decision involving the interest of Amanah Rakyat Berhad.
- Poraviappan a/l Arunasalam Pillay (suing as administrator of estate of the late Nadarajah a/l Sithambaram Pillai) v Periasamy a/l Sithambaram Pillai & Ors (on behalf of personal representatives of the estate of Ponnamal a/p Ramasamy the deceased) [2015] 4 MLJ 285. Federal Court decision on the validity of a consent order in respect of the administration of an estate.
- Loo Boo Cheai v Chen Yuh Feng & Ors [2021] 8 CLJ 867. Court of Appeal decision on the validity of a customary marriage in view of a subsisting marriage registered under the Civil Marriage Ordinance 1952.
- Au Kean Hoe v Persatuan Penduduk D’villa Equestrian [2015] 4 MLJ 204. Federal Court decision on gated communities and the obstruction of public roads pursuant to the Street, Drainage and Building Act 1974.
- Badan Pengurusan Bersama Paradesa Rustika v Sri Damansara Sdn Bhd [2014] 1 MLJ 14. Federal Court decision on the prospective application of the Act.
- Perantara Properties Sdn Bhd v JMC-Kelana Square & Another Appeal [2016] 1 LNS 139. Court of Appeal decision on the applicability of the definition of “Common Property” under the Act.
- Semenyih Jaya Sdn Bhd v Pentadbir Tanah Daerah Hulu Langat and another case [2017] 5 CLJ 526. Federal Court decision on the constitutionality of provisions under the Land Acquisition Act 1960. The decision is also significant for its discussion of constitutional questions of importance.
- Tenaga Nasional Berhad v Unggul Tangkas Sdn Bhd & Anor and Other Appeals [2018] 4 CLJ 285. Federal Court decision on the entitlement of a party to intervene in land acquisition proceedings before the High Court.
- Peguam Negara Malaysia v Mkini Dotcom Sdn Bhd [2020] 7 CLJ 173. Federal Court decision on an application to set aside leave granted by the Court to the Attorney General to commence contempt proceedings.
- Tengku Dato’ Kamal Ibni Sir Sultan Abu Bakar & Ors v Bursa Malaysia Securities Bhd [2022] 4 CLJ 854; This is a Federal Court concerning committal orders made against the appellants by the High Court and the Court of Appeal pursuant to Section 360, Capital Markets and Services Act 2007.
- Mohd Hafiz Hamidun v Kamdar Sdn Bhd [2021] 6 CLJ 799; Federal Court decision in relation to the tort of passing off.
- Master Mulia Sdn Bhd v Sigur Ros Sdn Bhd [2020] 9 CLJ 213. Federal Court decision on the setting aside of an arbitral award on the ground of breach of natural justice.
- Pertubuhan Pergerakan Tenaga Akademik Malaysia (GERAK) (Malaysian Academic Movement) & Ors v Menteri Pengajian Tinggi Malaysia & Anor [2022] 1 LNS 715; This High Court decision concerns the dismissal of a judicial review by the applicants seeking, amongst others, to quash the appointment of the Vice-Chancellor of Universiti Malaysia Terengganu. Malik Imtiaz Sarwar was appointed to represent the said Vice-Chancellor.