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:
- Econpile (M) Sdn Bhd v ASM Development (KL) Sdn Bhd and another appeal [2024] 3 MLJ 157. Federal Court decision relating to an application for stay of an adjudication decision pursuant to section 16, Construction Industry Payment and Adjudication Act 2012 (“CIPAA”), in particular whether a stay can be granted under section 16(1)(b) after the adjudication decision has already been enforced pursuant to section 28, CIPAA.
- Robinder Singh Jaj a/l Bijir Singh v Jasminder Kaur a/p Bhajan Singh [2024] 2 MLJ 126. Federal Court decision which clarified that all cause papers filed in matrimonial proceedings pursuant to the Law Reform (Marriage and Divorce) Act 1976 and Divorce and Matrimonial Proceedings Rules 1980 may be filed in the English language.
- Dato’ Dr Ng Meng Kee & anor v Rightlink Capital Sdn Bhd and another appeal [2023] 6 MLJ 798. Court of Appeal decision on the application of Order 14A of the Rules of Court 2012.
- Wahbunga Realty Sdn Bhd & Ors v Dato’ Sri Andrew Kam Tai Yeow and other appeals [2023] 2 MLJ 799. Court of Appeal decision on striking out applications under Order 18, rule 19 of the Rules of Court 2012.
- Federal Court decision on review applications under Rule 137 of the Rules of the Federal Court 1995.
- 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.
- 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
- Syarikat Rodziah v Malayan Banking Bhd [2021] 5 CLJ 170. Court of Appeal decision which allowed a legal firm’s application to strike out a suit by Malayan Banking Bhd on the ground of, amongst others, judicial estoppel.
- 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
- 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.
- Leisure Farm Corp Sdn Bhd v Kabushiki Kaisha Ngu (formerly known as Dai-Ichi Shokai) & Ors [2017] 5 MLJ 63. Court of Appeal decision which dealt with the principle of judicial estoppel and the disposal of appeals when academic. This decision is connected to the Federal Court decision in Kaibushiki Kaisha Ngu v Leisure Farm Corporation Sdn Bhd & Ors [2016] 8 CLJ 149 (FC), in which the apex court determined the scope of cross-appeals to the Court of Appeal.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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 Malaysia & Ors v Lay Kee Tee & Ors [2009] 1 MLJ 1. Federal Court decision on the joinder of primary tortfeasors.
- Bhavanash Sharma a/l Gurcharan Singh Sharma (mengamal di bawah nama dan gaya ‘Bhavanash Sharma’) v Jagmohan Singh Sandhu and another appeal [2024] 1 CLJ 368. Court of Appeal decision which determined that the filling of an unsigned witness statement amounted to contempt of court, regardless of whether the impugned witness statement is subsequently withdrawn and/or the said witness was not called to the stand.
- 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.
- 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.
- Super Sea Cable Networks Pte Ltd v Sacofa Sdn Bhd [2023] 10 CLJ 1007. High Court decision on the registration and enforcement of an arbitral award by the Singapore International Arbitration Centre in Malaysia. The decision of the High Court is pending appeal.
- 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.
- 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.
- 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.
- CTOS Data Systems Sdn Bhd v Suriati Mohd Yusof [2024] 9 CLJ 839. Court of Appeal decision on the statutory framework of the Credit Reporting Agencies Act 2010 and whether a credit reporting agency owed a duty of care to its customer.
- Siow Ching Yee v Columbia Asia Sdn Bhd [2024] 3 MLJ 66. Federal Court decision on whether a private hospital may be liable for the tort of a medical practitioner said to be an independent contractor.
- 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.
- Mohd Hafiz Hamidun v Kamdar Sdn Bhd [2021] 6 CLJ 799; Federal Court decision in relation to the tort of passing off.
- 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.
- Irene Fernandez v Utusan Melayu (M) Sdn Bhd & Anor [2008] 2 CLJ 814. High Court decision on the Reynold’s defence of 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.
- 3Q Resources (M) Sdn Bhd v Solidwin Property Sdn Bhd and other appeals [2023] MLJU 1575. Court of Appeal overturned the High Court’s decision which struck out the claim on the grounds that several laws, such as the National Land Code and the Companies Act 2016, requires the Court’s interpretation and application to the disputed facts. The matter ought to be resolved at trial.
- 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.
- 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.
- 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.
- Peh Lai Huat v MBF Finance Bhd [2009] 5 CLJ 69. Court of Appeal decision pertaining to limitation and charge actions.
- Cuah Eng Khong v Malayan Banking Bhd [1999] 2 CLJ 917. Federal Court decision on equitable charges.
- Perwira Affin Bank Bhd v Lim Weow [1998] 4 CLJ 17. Court of Appeal decision pertaining to limitation and charge actions.
- 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.
- 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.
- 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.
- 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.
- Chong Fook Sin v Amanah Raya Bhd & Ors [2010] 7 CLJ 917. Federal Court decision involving the interest of Amanah Rakyat Berhad.