Notable cases

  1. Acted for a public listed company to recover the sum of RM301 million. The dispute concerned whether a contract can be varied by oral collateral agreements, whether the contract was a related party transaction and consequently void under the Companies Act, including issues on the breach of warranty of authority and the statute of limitations. We successfully obtained judgment in the High Court. It is pending appeal.
  2. Acted as counsel for the plaintiff to recover his investment of RM5.5 million in a failed joint venture project. Successfully obtained an interim order to freeze the defendant’s assets up to the value of the investment plus interest pending judgment plus summary judgment in spite of allegations of duress, coercion, undue influence and fraud.
  3. Defended a solicitor in a failed property transaction concerning allegations of fraud, forgery, deceit, misrepresentation, conspiracy to defraud and negligence with a claim for damages in excess of RM100 million. After mediation and negotiations, the dispute was amicably resolved without any admission of liability.
  4. Defended a sub-contractor against a claim by its main contractor for recovery of contractual liquidated damages imposed by the employer on the main contractor, notwithstanding the absence of such clause as between the main contractor and sub-contractor. The main contractor’s claim was allowed in part by the High Court, but was reversed on appeal by the Court of Appeal.
  5. Acted for a purchaser in a case for specific performance against the executrix of a deceased co-proprietor. The agreement contained a stipulation for the executrix to obtain “the necessary court order for the sale”. The High Court found in favour of the client holding that that stipulation of was legally unnecessary as the Will of the deceased did not impose any restrictions on the powers of sale of the executrix.
  6. Acted for a client in a dispute over the supply and installation of network infrastructure and facilities for contract in excess of RM200 million. The High Court ruled in favour of the client, and the decision was upheld by both the Court of Appeal and Federal Court, with proceedings to assess damages now on foot before the High Court.
  7. Acted for the Defendants in successfully striking-out a claim in the High Court for RM230 million based on fraud, the non-est factum doctrine and s 29 of the Limitation Act 1953. The decision was upheld by the Court of Appeal.
  8. Acted for a public listed company in successfully defending a claim, after trial in High Court, for the sum of RM10.6 million based on fraud, constructive trust and the statute of limitations.