OOMMEN KOSHY Oommen Koshy
Partner, Dispute Resolution Division
SKRINE


CONTACT DETAILS:
Tel: 603 - 2081 3999 ext 899
Fax: 603 - 2094 3211
E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

  Overview  

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.

  Further Details  

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.

Qualifications

  • 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

  Experience  

  • 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 [2009] 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 [2013] 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:-

  1. Lee Yoke Yam v. Chin Keat Seng [2013] 1 MLJ 145 Federal Court
  2. Newacres Sdn Bhd v. Sri Alam Sdn Bhd [2000] 2 MLJ 353 Federal Court
  3. Yip Yee Foo v. Edmund Charles Liebenberg [2015] 6 CLJ 217 Court of Appeal
  4. International Bulk Carriers Spa v. CTI Group Inc [2014] 6 MLJ 851 Court of Appeal
  5. Drico Ltd v. Drico (Water-Specialist) Sdn Bhd & Ors [2013] 1 LNS 1297 Court of Appeal
  6. Bank Islam Malaysia Bhd v. Lim Kok Hoe & Anor And Other Appeals [2009] 6 CLJ 22 Court of Appeal
  7. Abu Bakar Ismail & Anor v. Ismail Husin & Ors & Other Appeals [2007] 4 MLJ 489 Court of Appeal
  8. Azzatan Holdings Sdn Bhd And Others v Amfinance Berhad And Anor [2009] MLJU 631 Court of Appeal
  9. MK Associates Sdn Bhd v. Bank Islam Malaysia Berhad [2015] 6 CLJ 97 High Court
  10. NBH Sdn Bhd v. Tanjung Balai Quarry Sdn Bhd [2014] 1 CLJ 793 High Court
  11. CTI Group Inc v. International Bulk Carriers Spa [2014] 11 MLJ 205 High Court
  12. Bank Islam Malaysia Berhad v. Mohamad Najib Shaharuddin & Others [2013] 1 LNS 1401 High Court
  13. Drico Ltd v. Drico (Water Specialist) Sdn Bhd (Company No. 112278-M), Ismail bin Johari, Kinoshita Masao, Tam Kok Meng [2011] MLJU 439 High Court
  14. Adsigns Imej Sdn Bhd v. Yayasan Selangor [2011] 3 CLJ 652 High Court
  15. Tetuan Teh & Lee v. Anwar Yeo Abdullah & Ors [2011] 9 MLJ 298 High Court
  16. Bank Islam Malaysia Bhd v. Azhar Osman & Other Cases [2010] 9 MLJ 192 High Court
  17. Ng Poh Kwang (trading under the name and style of Ng Poh Kwang Chartered Architect) v. Olympia Land Bhd [2010] MLJU 787 High Court
  18. Ahamed Kabeer Segu Abdul Kader & Anor v. Syed Mohamed Bin Sheik Abdul Kader & Anor [2008] MLJU 728 High Court
  19. Lunar Ventures Sdn Bhd v. City One Sdn Bhd [2003] MLJU 84 High Court
  20. TSC Education Sdn Bhd v. Kolej Yayasan Pelajaran Mara & Anor [2002] 2 CLJ 581 High Court
  21. Nepthra Shipping Pte. Ltd v. Razik Fareed International (M) S/B [1999] MLJU 710 High Court
  22. Sri Alam Sdn Bhd v. Newacres Sdn Bhd [1996] MLJU 422 High Court
  23. Sri Alam Sdn Bhd v. Newacres Sdn Bhd [1995] 4 MLJ 73 High Court
  24. Bank Islam Malaysia Berhad v. Adnan Omar [1994] 3 CLJ 735 High Court
  25. National Land Finance Co-operative Society Ltd. v. Raman s/o Perumal Thevar [1993] 1 ILR 390 Industrial Court

Other Professional Work/Publication

  • 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

 
ACCOLADES & AWARDS

Skrine Retains Who’s Who Legal Accolade for Malaysia

On 15th May 2017, the Who’s Who Global Awards was held in London, United Kingdom and Skrine was conferred the Award:

Malaysia Law Firm of the Year 2017

Skrine previously received this Award in 2013, 2014, 2015 and 2016.

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SKRINE clinches top honours at ALB Malaysia Malaysia Law Awards 2017

On 6th April 2017, the Asian Legal Business Malaysia Law Awards was held and SKRINE was named

Malaysia Law Firm of the Year 2017

SKRINE also bagged 5 other awards

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Asialaw Profiles 2017

The Asialaw Profiles has ranked Skrine as Outstanding Firm and particularly highlighting the following practice areas:

Outstanding Firm

  • Competition & Antitrust
  • Corporate/M&A
  • Dispute Resolution
  • Energy & Natural Resources
  • Intellectual Property
  • IT, Telco & Media
  • Project & Infrastructure

>> READ MORE

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