Civil & Commercial Litigation​

The Civil & Commercial team has significant expertise and experience in civil & commercial disputes. Our expertise and experience extend to but not limited to contractual and tort related disputes, land, employment, defamation, shareholders and insurance disputes. 

We also specialise in challenges against administrative decisions. We represented the developer in the landmark decision in Bludream City Development Sdn Bhd v Kong Thye & Ors and other appeals [2022] 2 MLJ 241 concerning issues on the power of the Minister of Urban Wellbeing, Housing and Local Government vis-à-vis the Housing Development Act 1966. The team successfully overturned the decision of the High Court in granting the purchasers’ judicial review application to quash the extension of time granted by the Minister of Urban Wellbeing, Housing and Local Government.  The team has successfully resisted the application for leave to appeal to the Federal Court, filed by the purchasers. The team also regularly provide advice to its clients pertaining to the issues relating to the Housing Development (Control and Licensing) Act 1966. 

The notable matters that the team is currently representing and has represented in civil & commercial disputes are as follows:

• Defending the former chief executive officer of 1MDB in a RM 6 billion dispute concerning the various transactions that resulted in criminal and civil proceedings against various parties including prominent politicians.
• Represented a Malaysian public listed company in a RM 150 million dispute against a Malaysian Bank in relation to breaches of contract, acts of negligence and conflict by the bank and successfully applied for and obtained an injunction against the bank from dealing with the securities pending the trial.
• Acted for a Malaysian public listed company in a RM 100 million dispute against a Malaysian Bank in relation to the failure of the bank to take the appropriate action to protect the client’s interest. The dispute is in relation to project funds for a project in North Africa.
• Currently acting for a subsidiary of a Malaysian public listed subsidiary to defend them in a claim for sums in excess of RM 700 million premised on an allegation of trespass, negligence, and nuisance.
• Acted for a subsidiary of Khazanah Holdings in a dispute in relation to disputes concerning land and environmental law disputes. In addition, the dispute raised issued in relation the limits of a directors actual and ostensible duties.
• Represented MBSB in a dispute in excess of RM 500 million concerning a piece of land in Johor Bahru and breach of a joint venture agreement. In this case, there have been various allegations of fraud and conspiracy to defraud. 
• Acted for a Malaysian company in a dispute in relation to a land dispute located in Selangor. The value of the land in dispute was in excess of RM 500 million and related to a breach of joint venture agreement.
• Successfully sued an insurance company resulting from the refusal by the insurance company to compensate for the losses arising from a collapsed road (Pertama Makmur Sdn Bhd v Hong Leong MSIG Takaful Bhd [2017] 10 MLJ 506).
• Acting for a developer against the consultant, contractor and an insurance company which include dispute in respect of the coverage and limit of the insurance policy.
• Acting for companies and individuals in employment/ industrial relation disputes.
• Acting for joint management body in respect of dispute on the management of the building.
• Acting for developer/owners of lands situated in Genting Highlands to challenge the issuance of the land titles. 
• The team strives to provide the best service to its clients to ensure that the commercial objectives of the clients are met.