PRACTICE AREAS

Civil and Commercial Law Disputes

A brief overview of significant disputes Surendra was involved in is set out below. A full list of reported decisions is available on request.

CASES


  • Counsel in ongoing litigation challenging the development of an oil palm plantation over 8000 hectares of forest. Surendra is acting for a number of aboriginal persons living in the area in a civil claim against the developer and all relevant governmental agencies for the torts of breach of statutory duty, nuisance, negligence and conversion.
  • Lead counsel in ongoing litigation concerning the abduction of Amri Che Mat in November 2016. The Malaysian National Human Rights Commission conducted an inquiry and found on a balance of probabilities that he was abducted by agents of the State. His wife has since sued the various governmental agencies including the police for the torts misfeasance in public office, breach of statutory duty and negligence.
  • Counsel in ongoing litigation brought by hundreds of residents in the Klang Valley in relation to the disruption of water supply for over 3 days due to pollution. The residents are suing the alleged polluter and various governmental bodies for the torts of nuisance, breach of statutory duty and negligence.
  • Co-counsel for Datuk Sundra Rajoo in a civil claim against the former Attorney-General and certain enforcement officers for the torts of misfeasance in public office, breach of statutory duty and negligence (Sundra Rajoo v Thomas Thomas & Ors [2023] 1 CLJ 119)
  • Counsel in a High Court trial involving issues of lobbying and forgery of documents (Wan Zaizul Adli Wan Zulkifli v NTP World Corporation Sdn Bhd [2022] 1 LNS 781)
  • Counsel in an intricate High Court trial concerning the interpretation of a will and the issue of a life interest in certain properties (Munita Kaur & Anor v Ranjit Kaur & Anor [2022] 1 LNS 1080)
  • Lead counsel in an appeal involving a novel question of whether limitation applies to an application for taxation of order for costs (Badru Duja Khan Mohamed Nabi Khan (Decd) v Ayaz Ahmad Mohamed Salleh Khan [2021] 4 CLJ 467).
  • Counsel in a High Court dispute concerning the enforcement of a settlement agreement where parties agreed to appoint a mutual expert (Dato’ Dennis Ganendra v Datuk Rosaline Ganendra & Anor [2021] 1 LNS 2581)
  • Counsel in a complex land fraud trial which also involved a land acquisition by the Selangor State Government (Taufiq Thiagi Abdullah v Ong Lian Chiang & Ors [2020] 1 LNS 2105)
  • Solicitor and co-counsel in a faction dispute concerning the office bearers of the Malay Chamber of Commerce (Fauzi Hassan & Ors v Abd Halim Husin & Ors [2020] 1 LNS 2262)
  • Lead counsel for Tony Pua in the Court of Appeal concerning the former Prime Minister’s withdrawal of his defamation claim (Tony Pua Kiam Wee V. Dato' Sri Mohd Najib Tun Hj Abdul Razak [2020] 1 CLJ 260)
  • Co-counsel for Tony Pua in a landmark Federal Court decision concerning misfeasance in public office against the former Prime Minister (Tony Pua Kiam Wee v Government of Malaysia and another appeal [2019] 12 MLJ 1)
  • Counsel in a novel challenge on the appointment of directors in a private limited company by way of circular resolution (Mohd Radwan Alami V. Ibrahim Mohd Yusof & Ors [2019] 1 LNS 534).
  • Co-counsel in the Court of Appeal in relation to a claim for the establishment of a charitable trust (Lembaga Pengelola Sekolah Sekolah Jenis Kebangsaan (C) Chiao Ching & Ors V. Jemaah Pengurusan Tadika Chiao Ching & Ors [2018] 1 LNS 2110).
  • Lead counsel in the High Court for contempt proceedings against former committee members of a Chinese education society (Ting Chuen Peng & Ors v Yap Kiam @ Yap Sin Tian [2018] MLJU 33).
  • Co-counsel in a landmark Federal Court decision in relation to fraudulent trading by directors of a private company (Dato' Prem Krishna Sahgal V. Muniandy Nadasan & Ors [2017] 10 CLJ 385).
  • Co-counsel in a landmark Federal Court decision concerning a defamation suit against matters stated in a police report and complaints to regulatory bodies (Dato' Dr Low Bin Tick V. Datuk Chong Tho Chin & Other Appeals [2017] 8 CLJ 369).
  • Co-counsel in a Federal Court case arising from land acquisition proceedings on the definition of “persons interested” (Perbadanan Kemajuan Pertanian Selangor V. Jw Properties Sdn Bhd [2017] 8 CLJ 392)
  • Co-counsel with Dato Seri Gopal Sri Ram and Dato Malik Imtiaz in an ongoing Federal Court appeal concerning the interpretation of a trust deed. He also appeared as co-counsel in appeal before the Court of Appeal (Pavilion Yields Sdn Bhd V. Universal Trustee (Malaysia) Berhad & Ors [2017] 1 LNS 1394).
  • Co-counsel in the Court of Appeal on a unique legal point concerning the inherent jurisdiction of the court to permanently stay winding-up orders (Sibu Slipway Sdn Bhd V. Yii Chee Ming & Ors And Other Appeals [2017] 6 CLJ 507).
  • Lead counsel and co-counsel for Mkini Dotcom in a defamation suit brought by the former Prime Minister.
  • Co-counsel in representing a judgment debtor in an appeal to the High Court to set aside an adjudication and receiving order obtained in bankruptcy proceedings (In Re: Lim Cheng Pow; Ex-Parte: Lim Cheng Pow & Ors [2017] 1 LNS 1267).

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