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
- Acting in an international arbitration for a corporation incorporated in Germany (with its business address in Austria) in a claim for its fees for services rendered within the Oil and Gas industry.
- Acting as co-counsel for a foreign government agency in litigation in Malaysia relating to a worldwide fraud, where the agency’s claim is close to a billion ringgit within the Malaysian jurisdiction alone. This dispute required the obtaining of urgent injunctive and search orders to preserve assets and evidence.
- Acted against the Government of Malaysia in an arbitration relating to two contracts to computerise certain systems of one its Ministries (settled).
- 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 the then prominent Klang Bus Station (a large multi-tiered bus station serving the Klang Valley).
- Acted for one of the leading global producers of a type of natural sweetener (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 in a joint venture relating to a water supply privatisation project in one of the States within Malaysia, specifically, in defending them against claims for breach of fiduciary duties and breach of the governing agreement.
- Acted for a 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 that arose from deliveries made to the site premised on bills of lading with hearsay content.
- Acted 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 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.
- Acted for 3 large corporations within the oil and gas industry in 4 separate rating appeals at the Johor Bahru High Court between 2019-2020 that may very well be, the first set of rating appeals from the prominent petroleum refining and petrochemical complex/hub in Pengerang, Johor (all settled). The value of the facilities in these rating appeals were large, that is in the hundreds of million Ringgit Malaysia in each proceeding, and therefore, the annual savings in respect of the reduction of the assigned values were considerable.
- Acted for the national oil company in acquisitions where the total value of claim that was resisted was in excess of RM 500 million.
- Acted 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 (from High Court till the Federal Court which ended earlier this year (2020), successfully).
- 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 (and continuing to act for the said company, pursuant to a subsequent appointment, in another, unrelated, Land Reference).
- 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 appeals from various Land References wherein the compensation claimed exceeded RM3.6 billion.
- 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; and continuing to act for the said party in appeals therefrom now pending at the Federal Court (after being largely successful at the Court of Appeal).
- Acting for one of the District Land Administrators from one of the States in Malaysia in an appeal at the Federal Court against the Court of Appeal’s decision to increase compensation based on adjustments to comparable transactions without the input of assessors (had not been acting for the District Land Administrator concerned in the courts below).
- 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.
- Acted for a State-owned conglomerate in resisting a proposed Judicial Review relating to a large (land acquisition) 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.
- Represented 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 (settled).
- 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.
- Acted for billboard companies in Judicial Reviews against local authorities in respect of refusals to grant licences and permits for billboards.
- Rendered advice to the main operator of airports in Malaysia 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.
- Acted for the main operator of airports in Malaysia in a High Court Suit relating to 3 highly publicised abandoned aircraft at the largest airport in the country (settled).
- Acting for the owner of a private jet in a High Court Suit against aircraft service providers for damage done to the said jet.
Qualifications:
- Advocate and Solicitor, High Court of Malaya (2001)
- LL.B. (Hons.) (London), C.L.P. (2000)