Qualifications

• LLB (Hons), University of the West of England, Bristol
• Called to the Bar of England and Wales (Lincoln’s Inn)
• Advocate & Solicitor of the High Court of Malaya

Practice Areas

• Banking Litigation and Insolvency
• Civil and Commercial Litigation
• Regulatory Offences; Environment, Occupational Safety and Health
• Defamation and Freedom of Expression

Notable Transactions

Banking Litigation and Insolvency

• Acted as junior counsel for a financial institution in defending a claim for damages of RM240 million for breach of contract: MS Smart Recycling Sdn Bhd v RHB Bank Berhad [2011] 1 LNS 100, HC.
• Acted as junior counsel for a financial institution in defending a claim for defamation arising from a dishonoured counterfeit instrument: RHB Bank Berhad v Moon Trading Sdn Bhd [2014] 5 CLJ 443, CA.
• Acted as junior counsel for a financial institution in defending a claim for damages of RM33 million for breach of mandate in honouring forged cheques: Shorubber (M) Sdn Bhd v CIMB Bank Berhad [2016] 2 CLJ 158. HC.
• Acted for a financial institution in defending a claim for malicious prosecution, tort of abuse of process and defamation.
• Acting for a financial institution in defending a claim for forgery, tort of deceit, conspiracy and/or collusion, negligence and breach of contract.
• Acted as junior counsel for the liquidators of a property developer whose asset was Lot 1 of the JB Waterfront City, a RM6 billion project.
• Acted for the liquidator of a rubber products manufacturer to resolve various issues surrounding the winding-up of the company’s subsidiaries and branches located around the world namely USA, UK, Germany, France, Spain, Portugal, Japan and Hong Kong.
• Acting for the liquidators of a company whose lands in central Kuala Lumpur were sold for more than RM500 million, the surplus proceeds from which is now the subject of dispute.

Civil and Commercial Litigation

• Acted as co-counsel for the local subsidiary of a multinational oil and gas company that is listed on the NYSE and Euronext Paris in resisting a winding-up petition presented against it.
• Acted for a convenience store chain operator in successfully defending against a claim for specific performance of a contract and damages, in addition or in lieu of, amounting to approximately RM10 million.
• Acting as co-counsel for a major plantation company in a claim for breach of fiduciary duty and negligence against its former chairman and chief executive officer for loss arising from the acquisition of luxury condominiums.

Regulatory Offences; Environment, Occupational Safety and Health

• Acted as co-counsel for the local subsidiary of a multinational food manufacturing company in securing an acquittal for an offence under the Environmental Quality Act 1974.
• Acted for a highway developer in securing a discharge not amounting to acquittal for an offence under the Environmental Quality Act 1974.
• Acted for the local subsidiary of a multinational logistics company in securing a discharge not amounting to acquittal for offences under the Occupational Safety and Health Act 1994.
• Acted for an integrated water supplier charged for an offence under the Occupational Safety and Health Act 1994 in respect of an accidental death case.
• Acted as co-counsel for the local subsidiary of a multinational tobacco company as well as its director in securing an acquittal for an offence under the Control of Tobacco Product Regulations of 2004.

Defamation and Freedom of Expression

• Acted for a television news network in defending a defamation claim filed by a former Member of Parliament: Manikavasagam Sundaram v Astro Awani Network Sdn Bhd [2020] 1 LNS 1698, HC.
• Acted as co-counsel in defending Dr. Wong Chin Huat, a founding member and steering committee member of Bersih 2.0, in a claim for breach of statutory duty and negligence by the Government of Malaysia, and counterclaiming for damages for wrongful arrest and detention as well as assault: Kerajaan Malaysia v Ambiga Sreenevasan & Ors [2016] 5 MLJ 721, CA.
• Acting for a property service company in separate defamations claim against an audit firm and an individual.

Publications

• Contributor – Hishamudin Yunus: Celebrating Judicial Independence (2018)
• Contributor – The Malaysian Civil Procedure (2015 to 2021) (Sweet & Maxwell)
• Contributor – Bullen & Leake & Jacob’s Malaysian Precedents of Pleadings (2017 & 2020) (Sweet & Maxwell)
• Contributor – Law and Practice of Construction Law in Malaysia (2021) (Sweet & Maxwell)