Partner, Dispute Resolution Division
Tel: 603 - 2081 3999 ext 899
Fax: 603 - 2094 3211
Oommen Koshy holds a B.A. (Hons) Law degree from the University of Kent and is a Barrister of the Honourable Society of the Inner Temple, admitted in Trinity 1989. He was admitted to the Malaysian Bar in June 1990. He commenced his legal practice with Mohamed Ismail & Co. and became a partner of that firm in January 1996. He joined Skrine as a partner in October 2008.
Oommen is primarily engaged in litigation matters and regularly appears in the High Court, the Court of Appeal and the Federal Court. Some of the matters in which he has been involved in have been reported in the Malaysian law journals. His practice includes Islamic Finance litigation and all areas of commercials and civil litigation. He has been involved in landmark cases in the Malaysian Courts on Islamic Finance.
Oommen is also involved in the activities of the Malaysian Bar and sits on various sub-committees. He has helped organize numerous Malaysian Law Conferences and the 21st LawAsia Conference 2008. He also indulges in sport, especially hockey in his free time.
Areas of Practice
Banking, Bankruptcy, Companies Winding-Up, Construction & Engineering, Contracts, Corporate & Commercial Disputes, Defamation, Islamic Finance, Landlord & Tenant, Partnership, Real Estate Disputes, Securities & Shares, Sports, Tort, Trust.
- Advocate & Solicitor, High Court of Malaya
- Barrister of the Honourable Society of the Inner Temple
- B.A. (Hons) Law degree from the University of Kent
- Appeared for the Bank before the Supreme Court in the case of Adnan bin Omar v Bank Islam Malaysia Berhad [Civil Appeal No. 02-390-1994] which dealt with the procedure to be applied in an Order For Sale application in Islamic Banking cases. The appellate court upheld the High Court decision which granted an Order For Sale to the Bank. This was the first Islamic Banking case before the Supreme Court.
- Appeared for the Bank before the Court of Appeal in the case of Bank Islam Malaysia Berhad v Lim Kok Hoe & Anor And Other Appeals  6 CLJ 22 which dealt with the validity of Bai Bithaman Ajil contracts. The appellate court reversed the High Court decision which held that the contracts were null and void.
- Appeared for the Bank before the Court of Appeal in the case of Bank Islam Malaysia Berhad v Azhar bin Osman [Civil Appeal No. W-02-751-2010] which dealt with the quantum of the Bank’s claim. The appellate court reversed the High Court decision which held that the Bank must grant a rebate for “unearned profit”. The appellate court held that the Bank is entitled to claim the outstanding Sale Price under the contract.
- Appeared for the Respondent before the Federal Court in Lee Yoke Yam v Chin Ken Seng  1 MLJ 145 which dealt with the issue of whether there was absolute privilege to statements made in police report. The Federal Court upheld the High Court and the Court of Appeal decision that there was absolute privilege to statements made in a police report and therefore could not be subject to a defamation action.
Reported Decisions include the following:-
- Lee Yoke Yam v. Chin Keat Seng  1 MLJ 145 Federal Court
- Newacres Sdn Bhd v. Sri Alam Sdn Bhd  2 MLJ 353 Federal Court
- Yip Yee Foo v. Edmund Charles Liebenberg  6 CLJ 217 Court of Appeal
- International Bulk Carriers Spa v. CTI Group Inc  6 MLJ 851 Court of Appeal
- Drico Ltd v. Drico (Water-Specialist) Sdn Bhd & Ors  1 LNS 1297 Court of Appeal
- Bank Islam Malaysia Bhd v. Lim Kok Hoe & Anor And Other Appeals  6 CLJ 22 Court of Appeal
- Abu Bakar Ismail & Anor v. Ismail Husin & Ors & Other Appeals  4 MLJ 489 Court of Appeal
- Azzatan Holdings Sdn Bhd And Others v Amfinance Berhad And Anor  MLJU 631 Court of Appeal
- MK Associates Sdn Bhd v. Bank Islam Malaysia Berhad  6 CLJ 97 High Court
- NBH Sdn Bhd v. Tanjung Balai Quarry Sdn Bhd  1 CLJ 793 High Court
- CTI Group Inc v. International Bulk Carriers Spa  11 MLJ 205 High Court
- Bank Islam Malaysia Berhad v. Mohamad Najib Shaharuddin & Others  1 LNS 1401 High Court
- Drico Ltd v. Drico (Water Specialist) Sdn Bhd (Company No. 112278-M), Ismail bin Johari, Kinoshita Masao, Tam Kok Meng  MLJU 439 High Court
- Adsigns Imej Sdn Bhd v. Yayasan Selangor  3 CLJ 652 High Court
- Tetuan Teh & Lee v. Anwar Yeo Abdullah & Ors  9 MLJ 298 High Court
- Bank Islam Malaysia Bhd v. Azhar Osman & Other Cases  9 MLJ 192 High Court
- Ng Poh Kwang (trading under the name and style of Ng Poh Kwang Chartered Architect) v. Olympia Land Bhd  MLJU 787 High Court
- Ahamed Kabeer Segu Abdul Kader & Anor v. Syed Mohamed Bin Sheik Abdul Kader & Anor  MLJU 728 High Court
- Lunar Ventures Sdn Bhd v. City One Sdn Bhd  MLJU 84 High Court
- TSC Education Sdn Bhd v. Kolej Yayasan Pelajaran Mara & Anor  2 CLJ 581 High Court
- Nepthra Shipping Pte. Ltd v. Razik Fareed International (M) S/B  MLJU 710 High Court
- Sri Alam Sdn Bhd v. Newacres Sdn Bhd  MLJU 422 High Court
- Sri Alam Sdn Bhd v. Newacres Sdn Bhd  4 MLJ 73 High Court
- Bank Islam Malaysia Berhad v. Adnan Omar  3 CLJ 735 High Court
- National Land Finance Co-operative Society Ltd. v. Raman s/o Perumal Thevar  1 ILR 390 Industrial Court
- Vice President, Malaysia Inner Temple Alumni Association
- Panel Member, Investigating Tribunal, Legal Professional Disciplinary Board
- Panel Member, Compensation Fund, Legal Profession Act
- Council Member, Kuala Lumpur Hockey Association
- Member, Disciplinary Board, Kuala Lumpur Hockey Association
- Member, Legal Committee, Malaysian Hockey Federation – 2002/5
- Member, Bar Council - 2005/6
- Hon Secretary, Kuala Lumpur Bar Committee - 2002/4
- Member, Kuala Lumpur Bar Committee -1998/2004
Promotion to Partner
We are pleased to announce that 4 Senior Associates have been admitted as Partners with effect from 1 January 2017. They are Sim Miow Yean (Corporate), Jocelyn Lim Yean Tse (Dispute Resolution), Janice Tay (Dispute Resolution) and Kwan Will Sen (Dispute Resolution).
Legal Insights 4/2016, December 2016 is now available. To access the newsletter, please click here.
30 People to Watch in the Business of Law in Asia in 2017
Our Senior Partner, Theresa Chong, has been named by Asia Law Portal as one of the 30 lawyers to watch in Asia in 2017.
To read more, please click here
Legal Insights 3/2016, September 2016 is now available. To access the newsletter, please click here.
Legal Insights 2/2016, June 2016 is now available. To access the newsletter, please click here.