Alex de Silva

Our top notch lawyers are trail blazers in litigating complex legal issues. They have represented clients in hundreds of cases in the High Court, Court of Appeal and the Federal Court, many of which have been reported in the law journals. Here are the summaries of some of the significant and successful cases in the practice areas of our firm.
January 20, 2017

Tengku Dato’ Ibrahim Petra bin Tengku Indra Petra v Petra Perdana Bhd and Wong Fook Heng and Tiong Yong Kong v Petra Perdana Bhd [2018] 2 MLJ 177

Landmark Federal Court case on Power of Directors vs Shareholders
April 20, 2017

Kumpulan Perubatan (Johor) Sdn Bhd v. Dr Mohd Adnan Sulaiman & Anor [2015] 1 CLJ 471, Court of Appeal

The Facts The first and second respondents entered into a ‘Joint Venture Agreement Incorporating Shareholders Agreement’ (‘JVSA’) with the appellant, Kumpulan Perubatan Johor Sdn Bhd (‘KPJ’), a company involved in the running of private hospitals. The JVSA was entered into as to incorporate a limited liability company (‘Hospital Penawar Sdn Bhd’) to run a private hospital, Hospital Penawar (‘HP’).
September 20, 2018

Lim Nyuk Foh v Datuk Zainal Abidin bin Haji Ahmad & Anor [2018] MLJU 800

A Verbal Contract is as Legally Binding as a Written One A contract can be created based on an oral representations  and the court will take into consideration the events and background leading to the formation of the contract. Further, the Court  would look into the intention of the parties in deducing whether there was an intention to create legal relations.
September 20, 2018

Sazean Engineering & Construction Sdn Bhd v Bumi Bersatu Resources Sdn Bhd – [2018] MLJU 839

Court of Appeal Rules on Effect of a Bankrupt Director in a 2 Director Company under the Companies Act, 1965
September 20, 2018

Nur Rasidah bt Jamaludin v Malayan Banking Bhd and other appeals [2018] 3 MLJ 127 Court of Appeal

Members/Officers of Trade Unions Have Immunity from Libel The Facts Five officers/members of the National Union of Bank Employees (‘NUBE’) were separately sued by Malayan Banking Bhd (‘MBB’) in the High Court for publicly making disparaging statements about the bank in connection with an alleged unfair labour practice that had become the subject of an on-going trade dispute between and MBB.
September 20, 2018

Kesatuan Pekerja-Pekerja Bukan Eksekutif Maybank Bhd v Kesatuan Kebangsaan Pekerja-Pekerja Bank & Anor [2018] 2 MLJ 590

Federal Court Upholds Trade Union’s Right to Be Heard The Federal Court held that the Director General of Trade Unions had a duty to consult with all relevant parties before making a decision whether to register a trade union under s 12 of the Trade Unions Act 1959.