Vijay is a litigator with broad experience and appears at all levels of the Malaysian courts in commercial disputes. He also appears as counsel in arbitration proceedings.
Of particular note is his work in rates and valuation appeals in court, having acted for oil & gas companies in challenging the imposition of rates by the local governments upon pipelines and refineries. The challenges, often involving complex asset-valuation exercises, are commenced not only through the statutory procedure prescribed by the applicable statute, but also through judicial review proceedings.
He is also experienced in land acquisition matters, having acted both for the acquirers as well as the land owners. He has represented State Authorities and State-owned conglomerates, and oil & gas companies, in resisting challenges to land acquisitions as well as in land reference proceedings on issues relating to compensation.
Vijay is also part of the Aviation Disputes practice.
Key Practice Areas
- Commercial Litigation and Arbitration
- Rates, Assessment and Valuations
- Land Acquisition and Land Law
- Aviation Disputes
- Acted for local and international banks in various legal proceedings including relating to pledges of shares, alleged internet banking fraud, and fraud in relation to an estate bank account.
- Acted against the Government of Malaysia in an arbitration relating to two contracts to computerise certain systems.
- Acted in legal proceedings for the water supply company which serves the state of Selangor, KL and Putrajaya.
- Acted for an insurance company in legal proceedings involving cheque fraud.
- Acted for a large purified terephthalic acid (PTA) producer against a transportation services provider in litigation and arbitration proceedings for the purposes of recovering (specialised) assets and claiming damages.
- Acted for DBKL (KL City Hall) in proceedings relating to its termination of the lease of Klang Bus Station.
- Acted for one of the leading producers of natural sweeteners (Malaysian branch) in a civil suit for failure to process and supply a controlled raw material, and separately in an arbitration relating to a contract to supply liquefied gas (settled).
- Acted for and against minority shareholders in oppression actions.
- Advised a local telecommunications company and its ultimate parent company about breaches of fiduciary duties by its employee and officer.
- Acted for one of the sides to a joint venture (involving a contemplated water privatisation project for one of the States within Malaysia) in defending a claim for breaches of fiduciary duties and the governing joint venture agreement.
- Acted for a local national asset management company in various proceedings relating to recovery of debts.
- Acted in legal proceedings for receivers & managers/companies in receivership, and liquidator.
- Involved in a series of litigation and appeals on behalf of a prominent public listed company for the purpose recovering monies owing to them and defending them in a counter suit where the amounts at stake exceeded RM100 million, and where the proceedings and appeals therefrom spanned from West to East Malaysia (making it necessary to also instruct East Malaysian solicitors and counsel on behalf of client).
- Acted for a main contractor (who was appointed to design and build a gas and steam turbine power plant) in resisting a claim premised on 2 bills of lading in respect of late delivery of shipping containers used to deliver raw material to the site.
- Acted/acting for the leading gas infrastructure and utilities company within the country which is also one of the largest companies on the local bourse (in terms of market capitalisation) in a considerable number of appeals against the imposition of rates by various local authorities within the country including one where it was successfully argued at the apex Court that rates could not be imposed upon an occupier in respect of lands occupied.
- Acted for the same company (above) in two Judicial Reviews against unrelated local authorities to set aside retrospective rates (both proceedings were successful despite a previous Court of Appeal decision which suggested that retrospective rates were justifiable).
- Acted for one of the largest (if not largest) petroleum refinery within the country in an appeal against the imposition of rates by a local authority.
- Acted for one of the State Governments in Malaysia in an action relating to one of the largest if not largest commercial projects in the Malaysia (at the time of litigation).
- Acted for a State-owned conglomerate in resisting a proposed Judicial Review relating to a large project being undertaken by them.
- Acted for an investment holding company of one of the States in Malaysia and one of the said State’s Land Administrators in resisting a Judicial Review to set aside land acquisitions.
- Acted for one of the largest (and possibly the largest) electricity utility company in Southeast Asia in Judicial Reviews relating to inadequate compensation for land-usage and imposition of rates.
- Representing one of the State Governments in Malaysia and its Director of Land and Mines in two appeals arising from a High Court decision which allowed claims based on native customary rights.
- Representing one of the State Governments in Malaysia, its Director of Land and Mines, one of its Land Administrators and its National Park Authority in an appeal arising from a High Court decision which allowed claims based on native customary rights.
- Acted for billboard companies in Judicial Reviews against local authorities in respect of refusals to grant licences and permits for billboards.
- Acted for the national oil company in acquisitions where the total value of claim that was resisted was in excess of RM 500 million.
- Acting for one of the of the State Governments in Malaysia in resisting 7 appeals relating to the acquisitions of approximately 2,800 acres of land (counterparty’s appeal now pending at the apex Court).
- Acted for a large land-holding company in Land References where the market value of the lands was, in total, put forward as being in excess of 130 million of which a substantial amount was awarded.
- Acted for a large palm oil plantation company where the value of claim was in excess of RM75 million.
- Acting for one of the State Governments in Malaysia and a statutory body in various Land References where the market value of lands claimed exceeds RM3.6 billion, and wherein other claims (like business losses) are also being raised.
- Acted for one of the District Land Administrators from one of the States in Malaysia in appeals at the Court of Appeal including one where a novel decision in relation to late payment charges was made in favour of, inter alia, the District Land Administrator.
- Acting for the Management Corporation of a commercial development in a Land Reference seeking additional compensation for severance damage and injurious affection by reason of an acquisition for the SUKE Highway Project.
- Rendered advice to a local airport operator regarding the status of certain Passenger Service Charges.
- Advised a global air carrier operating flights for corporations, governments and private clients to more than 180 countries worldwide regarding the compliance and regulatory aspects of the civil aviation industry in Malaysia.
- Represented a global air carrier operating flights at an inquiry/hearing before the Malaysian Aviation Commission pursuant to Section 81 of the Malaysian Aviation Commission Act 2015.
- Acted in legal proceedings for a technology company (which provides on-board retail solutions) against a long-haul airline.
Qualifications:
- Advocate and Solicitor, High Court of Malaya (2001)
- LL.B. (Hons.) (London), C.L.P. (2000)