Fiona Bodipalar

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.
March 20, 2017

Folin & Brothers Sdn Bhd (in liquidation) & Ors v Folin Food Processing Sdn Bhd & Ors [2011] 6 MLJ 585.

Undervaluation of Property and Shares Successfully Challenged The Court of Appeal held that the consent order to obtain an independent valuation of the shares of Folin Food was not followed and therefore, a fresh valuation exercise should be commenced to determine the fair value of the shares of Folin Food.(Fiona acted for Folin Brothers and the joint liquidators)
May 20, 2017

Projeck Lebuhraya Usahasama Bhd v. Majlis Perbandaran Subang Jaya [2016] 9 CLJ 238.

Local Council Has No Jurisdiction Over Federal Roads The High Court held that MPSJ did not have jurisdiction over the toll booths operated by PLUS as the toll booths were operating on land that had been declared as federal roads by the Minister of Works. (Fiona acted for PLUS)
September 20, 2018

CIMB Investment Bank Bhd vs Ernst & Young & Anor Appeal [2014] 6 CLJ 438.

Auditors’ Duty of Care Extends to Company’s Investors The Court of Appeal held that auditors owe a duty of care to a licensed fund company’s investors when they perform statutory audits. The Court found the auditors to be professionally negligent in not detecting the fund company’s fraud in the management of the client’s funds. (Fiona acted for CIMB)
September 20, 2018

Nik Mohd Zain bin Haji Omar v Hwang-DBS Securities Sdn Bhd [2010] MLJ 234.

Investor Liable for Losses Incurred from Traded Shares The High Court held that an investor who had denied authorising the Remisier to buy shares was liable for the traded shares and consequently Hwang-DBS had the right to sell of the shares pledged as security to offset the losses incurred. (Fiona acted for the Remisier)
September 20, 2018

Stamford Holdings Sdn Bhd v Kerajaan Negeri Johor & Ors [1998] 1 MLJ 607.

State Government’s Acquisition of Land Revoked For Bad Faith The Court of Appeal found that compulsory acquisition of land could be challenged on bad faith and accordingly allowed the appeal by Stamford Holdings against the acquisition of its land by Kerajaan Negeri Johor. (Fiona acted for Stamford Holdings)
September 20, 2018

Kamuja Hartamas Sdn Bhd (formerly known as Aras Suasana Sdn Bhd) vs Bank Kerjasama Rakyat Malaysia Bhd [2017] 3 MLJ 668.

Unlawful Termination of Financing for Development Project The Court of Appeal decided that the bridging loan facility awarded by Bank Kerjasama to the developer of the project, Kamuja Hartamas (KH) had been wrongfully terminated and therefore KH was entitled to damages for the wrongful termination. (Fiona acted for KH)