Thomas Philip Corporate Profile (May 2021)

CONTENTS
About Us
Disputes Resolved
Our Partners
Our Teams
Corporate Social Responsibility
Careers
Reported Cases
Contact Us
01
02
03
04
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08

Thomas Philip began as a dispute resolution
boutique firm in 2004. The firm is established
to be more than just a law firm; we are
focused on serving the greater good, for its
our people and the society around us.
We believe lawyers are professionals tasked to
enrich the society through resolving conflicts,
disputes and problems. By building an agile,
efficient, and accountable practice, we are
also providing clients with the level of legal
service that exceeds expectations.
Since our establishment, the firm has
resolved thousands of disputes. Our success
is measured by how well we achieve our
clients' business and legal objectives, whilst
advancing their interests. We are committed
to providing personalised and cost-effective
service, as well as practical and innovative
solutions.
A highly litigious society reflects upon the
mindset of its people; where profits are placed
above value, and commerce above collective
growth. This is a mindset that the firm is
determined to change as lawyers, and more
importantly, as fellow human beings. This is
reflected in the way we recruit, retain and
promote talents, and I believe that great
talents should be well remunerated. Thomas
Philip is one of the highest paying law firms in
Malaysia; a stance we staunchly stand by.
Today, we remain the largest dispute
resolution only law firm in Malaysia with
specialization in corporate and commercial
disputes, public interest cases, and complex
tortious claims. Work aside, we commit 1% of
our revenue and 10% of our time to CSR
activities and pro bono work. At Thomas
Philip, we made it our mission to serve the
greater good, and we walk the talk.

Disputes Resolved
Disputes Resolved
We take on complex briefs and niche disputes where other firms falter to act on. We
draw upon our depth of legal acumen and breadth of industry knowledge in resolving
disputes, providing legal services that helps you get the best out of any situation.

Thomas Philip offers a range of legal services including litigation, arbitration,
and mediation in the following practice areas:
Contractual Disputes
Corporate Recovery &
Restructuring
Construction
Employment &
Labour Disputes
Defamation
Estate & Probate Claims
Land Disputes
Partnership Disputes
Family Law & Mediation
Public Interest Litigation
Shareholder Disputes Trusts

Selected Reported Cases
Obtained judgment in favour of our clients for RM70
million against a state government for breach of a
privatisation agreement. Subsequently negotiated
the successful settlement and resolution of the
dispute between the parties.
Brought successful appeals in the Federal Court that
changed the interpretation and application of the law
as to the extension of time in the issuance of writs.
Obtained judgment in favour of our clients against a
utility provider for trespass of land. Further, obtained
an order for contempt of court against the utility
provider for interference with the due and proper
administration of justice.
Successfully defended a civil suit against the head of
a state government for alleged abuse of power in the
revocation of a planning approval.
Successfully defended an RM50 million claim in a
construction dispute pertaining to a highway project.
Represented the head of a state government in the
successful settlement of an action for the breach of
an Islamic loan facility agreement worth RM56 million.
Successfully obtained a declaration validating an
agreement between an Australian property developer
against a competing party, in relation to a dispute
worth RM80 million over the sale and purchase of
land.
Successfully brought an appeal in the Court of Appeal
reversing a High Court judgment against a Member of
Parliament, in relation to a public interest defamation
suit involving a water concessionaire company.
Represented a former board member of a statutory
body for allegations of breach of fiduciary, statutory,
and common law duties concerning a construction
project valued at over RM4 billion. Successfully
obtained a discovery order for the production of
confidential documents in aid of the defence.

Recent Arbitration Cases
Represented a Fortune 500 multi-national
corporation in an application to set aside an
arbitration award issued against the client company
for an amount in excess of RM584 million in respect
of a gas supply agreement entered into between the
parties. The dispute also involved resisting
enforcement proceedings commenced against client
company in the United Kingdom and the United
States of America. The matter was ultimately
resolved with success by way of a global settlement
in favour of the client company.
Acted as solicitors in an arbitration proceeding
conducted in the Singapore International Arbitration
Centre. The dispute arose from contracts of
guarantees for the sum of RM50 million, collectively.
The matter involved complex and highly technical
legal issues on the applicable Malaysian laws on such
instruments..
Acted for a major Malaysian oil and gas company in a
complex dispute involving the charter hire of an
offshore support vessel valued above RM24 million.
Acted for the largest manufacturer of electric
vehicles, a company based in Shenzhen, China.
Successfully obtained freezing injunctive orders
against the respondent pending the disposal of the
arbitration.
Represented an East Malaysian healthcare company
against an affiliate of one of the world's leading IT
companies. The claim was premised on the defective
development and implementation of a software
system.
Represented a Malaysian-based company in a
domestic arbitration against a multinational company
in the telecommunications industry in respect of a
contractual claim valued at RM300 million.
Advised and represented the claimant in an
international arbitration involving a Malaysian-based
company and a US-based company in respect of a
breach of engagement for a land clearing project in
the Republic of Cameroon.

Our Partners
Our Partners
We dedicate ourselves to helping our clients avoid potential disputes or resolve a
dispute - providing assistance that is practical, commercially sound, innovative,
personalised and cost effective.

Mathew Thomas Philip is the firm’s founder and Managing Partner.
He graduated with a double degree in Economics and Law from
the University of Adelaide, Australia and was admitted to the
Malaysian Bar in 1992.
With close to 30 years of experience, Mathew has counselled and
represented domestic and international clients in highly complex
and contentious civil and commercial litigation. He has completed
over 300 trials and handled more than 3000 cases.
Mathew is recognised notably for his expertise in achieving
practical and effective solutions and has successfully negotiated
over 300 settlements during his career, often involving multi-
faceted disputes with numerous parties.
He regularly advises MNCs and SMEs on litigation risk and
represents them in negotiations and execution of strategy.
Mathew Thomas Philip
Founder & Managing Partner
mtp@thomasphilip.com.my
scan to contact me
LL.B. University of Adelaide, Australia
B.Ec University of Adelaide, Australia
Advocate & Solicitor, High Court of Malaya (1992)
Qualifications & Associations:

Tan Jee Tjun is a partner in the firm’s Corporate and Commercial
Litigation department. He holds an LL.B (Hons) degree from the
University of London, U.K. He was admitted as a Barrister-at-Law
(Lincoln’s Inn) in 2009 and to the Malaysian Bar in 2010.
As a legal practitioner, Tjun is meticulous, articulate and takes a
no-nonsense approach towards the resolution of disputes. He is
active in the areas of general civil litigation and corporate &
commercial litigation. Tjun often represents clients in all levels of
the Malaysian court on a variety of legal disputes, including
matters relating to contractual disputes, shareholders’ disputes,
breach of directors’ duties, defamation actions, trust disputes, and
bankruptcy & insolvency.
Disputes of complex and novel nature intrigues Tjun. Over the
course of his practice, he has continuously sharpened his skills in
legal research, procedural management and advocacy to ensure
clients achieve the best possible outcome despite adversities.
Tan Jee Tjun
Partner
tjt@thomasphilip.com.my
scan to contact me
LL.B. (Hons), University of London, U.K.
Barrister-at-Law, Lincoln’s Inn, U.K.

Alliff Benjamin Suhaimi is a partner in the firm’s Civil Litigation
department. He holds an LL.B (Hons.) degree from the Universiti
Teknologi MARA (UiTM), Malaysia and was admitted to the
Malaysian Bar in 2010.
Ben is regularly appointed to advise and represent individuals and
companies in matters relating to land disputes, land acquisition,
defamation as well as corporate and commercial litigation. He has
also acted as counsel in a number of high profile public interest
litigation which includes a dispute involving a concession
agreement to increase water tariffs, multi-party application by a
community association against the usage of forest park land for
housing development and etc.
Ben has several reported cases under his belt across practice
areas. His notable cases include a Federal Court ruling on the
position of qualified privilege which contributed to the
development of the law of defamation in Malaysia.
Alliff Benjamin Suhaimi
Partner
ben@thomasphilip.com.my
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LL.B, Universiti Teknologi Mara (UiTM)

Lim Siew Symn is in charge of the firm’s Mediation cases. She was
admitted as a Barrister-at-Law (Gray’s Inn) in 1992 and to the
Malaysian Bar in 1993. She has been an accredited mediator since
2010, and is also a on the panel of mediators at the Malaysian
Mediation Centre.
Having worked and lived in Europe, the US and Asia, Ms. Lim has
the added capacity to mediate effectively in cross-cultural disputes
where the appreciation of diverse perspectives is central to
reaching an optimal resolution.
Miss Lim also oversees the family law practice at Thomas Philip.
The firm is commited to resolving family disputes collaboratively,
or through mediation and has practised a “no litigation” policy
since 2010 for all family disputes.
Lim Siew Symn
Mediator
symn@thomasphilip.com.my
scan to contact me
LL.B University of Southhampton, U.K.
Barrister-at-Law, Gray’s Inn, U.K.
Member of the Honourable Society of Gray’s Inn
Accredited Mediator and Panel Member of the Malaysian
Mediation Centre

Our Teams
Our Teams
We take pride in the excellence of our advocacy and trial management skills, and
above all, the ability to formulate solutions that helps clients preserve relationships
and serve their interests in the long-term.

Jagshey Pipariya, a Senior Associate in the firms Civil and General
Litigation Department, holds an LL.B (Hons) degree from Cardiff
University, U.K. He was admitted as a Barrister-at-Law (Lincoln’s
Inn) in 2016 upon completing his Bar Professional Training Course
at BPP Leeds, and thereafter as an Advocate & Solicitor of the High
Court of Malaya in 2017.
Jagshey practices primarily in the areas of contractual and
commercial litigation, including construction law and strata
management. He has represented both private individuals and
multinational corporations at all levels of the Malaysian courts, in
arbitration proceedings, mediation as well as in adjudication
proceedings. His portfolio further comprises sports law, where he
has represented a Malaysian athlete in a doping violation. Jagshey
also sits as a Member of the Legal Advisory, Rules and Disciplinary
Committee of the Olympic Council of Malaysia.
Jagshey Pipariya
Senior Associate (Team Leader)
jag@thomasphilip.com.my
scan to contact me
LL.B (Hons), Cardiff University, U.K.
Barrister-at-Law (Lincoln’s Inn), BPP Leeds, U.K.
Advocate & Solicitor of the High Court of Malaya (2017)
Member - Legal Advisory, Rules and Disciplinary Committee in
Olympic Council of Malaysia

Upon completion of a Project, the Sub-Contractor could not
claim for the return of the Retention Sum it paid as the Main
Contractor had been wound-up. The Sub-Contractor, therefore,
brought a claim against the Employer directly based on the law
of unjust enrichment and estoppel. In representing the
Employer, we argue that there is an absence of a privity of
contract between the Employer and the Sub-Contractor. The
Court is now tasked with determining whether the Sub-
Contractor’s attempt to bypass the Main Contractor of the
Project and make a claim for the Retention Sum directly from
the Employer is permitted in law.
Acting for a Company (the Franchisee) which entered into a
Franchise Agreement to set up a café in a new and upcoming
development. It was later established that the representative of
the Franchisor had misrepresented himself to be its Managing
Director during the negotiation of the agreement. The
Franchisee now claims from the Franchisor the sums paid in
advance towards the setting up of the franchise premised on
the representative’s fraudulent misrepresentation of his capacity
as the Managing Director.
Team Jagshey
Represented three individuals of a commercial business in
setting aside an arbitration award on the grounds that the
arbitral tribunal had acted in excess of jurisdiction which in turn
breached the rules of natural justice in accordance with s.37 of
the Arbitration Act 2005.
Team Member
Hazween Sameera
Md Hassan
Associate
smh@thomasphilip.com.my

Jason is a Senior Associate in the firm’s Civil Litigation department.
He holds an LL.B (Hons) degree from Cardiff University, U.K. He
was admitted as an Advocate & Solicitor of the High Court of
Malaya in 2018.
Although Jason's experience encompasses a wide array of general
civil litigation, his practice is focused primarily on corporate and
commercial litigation; with a portfolio comprising numerous high-
level shareholder disputes. He is also familiar with insolvency work
and the various corporate rescue mechanisms available to
companies in distress.
Jason Yong Kok Yew
yky@thomasphilip.com.my
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LL.B (Hons.), Cardiff University, U.K.
Certificate in Legal Practice (CLP) Malaysia

Team Jason Yong
Team Member
Aqila Zulaiqha Zulkifli
Associate
aqi@thomasphilip.com.my
Successfully resisted an injunction to declare as null and void
the convening of an extraordinary general meeting of a
Malaysian public listed company. Consequently, several
resolutions were passed at the extraordinary general meeting
including the appointment of several new directors, resulting in
a change in control of the public listed company.
Obtained a declaratory order to the effect that resolutions
passed at an annual general meeting of a Malaysian public listed
company were null and void. As a result, all resolutions passed
at the annual general meeting, including the re-appointments of
several directors, were declared as null and void.
Advised the judicial manager of a Malaysian private company on
the settlement of a joint venture agreement worth about RM324
million, involving complicated issues of securities and land law.

Nicholas Navaron Chula is a Senior Associate in the Firm’s Civil
Litigation department, holds an LL.B (Hons.) degree from Universiti
Teknologi Mara (UiTM). He was admitted to the Malaysian Bar in
2017.
Nicholas is trained in the areas of commercial and civil litigation,
with specialization in complex shareholder disputes, directorial
disputes and misconducts, and winding-up proceedings. He has
represented clients ranging from individuals to SMEs and
multinational corporations in all tiers of the Malaysian court.
One of the few ethnic litigators in the country, Nicholas is a
passionate advocate for cultural diversity and professional
tenacity.
Nicholas Navaron Chula
nnc@thomasphilip.com.my
scan to contact me
LL.B (Hons.) Universiti Teknologi Mara (UiTM)

Team Varon Chula
Team Member
We appeared as co-counsel (with another team) to secure a
judgment in a suit against a construction company concerning
rock excavation and disposal services rendered by our client in
Terengganu. This suit involved claims of monies due under a
contract as well as loss of costs incurred from the breach of
contract by the construction company.
We appeared as counsel for directors of a company in a suit
commenced by an oil and gas company concerning a failed joint
venture agreement for oil and gas transportation and
installation projects in Malaysia and Indonesia. This suit involved
claims of breach of contract, interference with trade and
business as well as loss of business opportunities.
We appeared as counsel in a medical negligence suit against a
general practitioner and a clinic for the wrongful administration
of injection resulting, amongst others, temporary partial
paralysis and permanent loss of sensation. This suit involved
claims for, amongst others, pain and suffering, costs incurred for
treatment as well as deduction of salaries arising from the
injuries suffered from the said negligence.
Abigail Shobana Nimbalker
Associate
abi@thomasphilip.com.my

Sean is a Senior Associate in the firm’s Corporate and Commercial
Litigation Department. He holds an LL.B (Hons) degree from
Cardiff University, U.K. and was admitted as an Advocate and
Solicitor of the High Court of Malaya in 2018.
His practice area primarily focuses on various corporate disputes
which include, complex shareholder disputes, breaches of
directors’ duties and winding up proceedings, and has acted for
clients in highly contentious minority oppression actions. Sean is
also versed in corporate insolvency and recovery litigation
involving multiple stakeholders such as secured lenders, creditors,
and shareholders. He has also been involved in litigation
concerning capital markets and securities law. Sean is also
experienced in a wide range of civil and commercial litigation,
including arbitration, bankruptcy, contractual disputes, debt
recovery, and general civil litigation. Sean has represented a broad
range of clients across various industries, including both public
and private companies, SMEs, shareholders, directors, liquidators
as well as other private individuals and has appeared in all tiers of
the Malaysian Courts.
Sean Tan Yang Wei
tyw@thomasphilip.com.my
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LL.B (Hons) Cardiff University, U.K.
Certificate in Legal Practice (CLP) Malaysia

Team Sean Tan
Team Member
Acted for a minority shareholder of an electrical engineering company
who was being frozen out he had helped to build and grow. Despite
attempts by the client to settle the matter amicably, such efforts were
initially futile as the majority shareholders delayed negotiations and
refused to pay the client a fair value for his shareholding whilst
continuing to shut our client out of the company’s business and profits.
After litigation was initiated by the client to enforce a buyout, the
majority shareholders finally agreed to a reasonable buy out of our
client’s shares which reflected the value of his contributions to growing
the company.
Acted for several shareholders against a public listed company which
brought an action against its shareholders under Section 360(1) of the
Capital Markets and Services Act 2007. The company had alleged that
several shareholders were acting in concert to exercise control of the
company even though investigations by the Securities Commission had
yet to yield any findings in support of such allegations. The High Court
agreed with our submission that the action brought by the company
against the shareholders was premature.
Acted for a rubber glove manufacturer which was embroiled in a
complex shareholders’ dispute. During the course of the shareholders’
dispute, the company discovered that 2 individuals were wrongfully
and/or unlawfully appointed as additional directors by a minority of the
company’s directors who had no authority to do so. We successfully
obtained an injunction on behalf of a company to prevent the said
individuals who were wrongfully and/or unlawfully appointed from
acting and/or holding themselves out as ‘directors’ of the company.
Following the injunction, we also successfully assisted the company in
removing the said individuals from the company’s register of directors.
Associate
sys@thomasphilip.com.my
Sheryn Yong Shi Yee

Voon Su Huei, a Senior Associate in the firm’s Civil Litigation
department, holds an LL.B (Hons.) degree from King’s College,
London, U.K. She was admitted as a Barrister-at-Law (Middle
Temple) in 2016 and as an Advocate & Solicitor of the High Court
of Malaya in 2017.
Su Huei practises primarily in the areas of commercial & contract
litigation and general civil litigation. She has experience in claims
pertaining to partnership disputes, shareholders’ agreement,
indemnity agreement, and breach of trust, among others.
Su Huei has appeared as lead counsel in the High Court and Court
of Appeal and regularly assists senior counsel in all tiers of the
Malaysian court system. She has acted for a wide range of
individuals and corporations from several jurisdictions including
Singapore and Australia.
Voon Su Huei
vsh@thomasphilip.com.my
scan to contact me
LL.B (Hons.) degree, King’s College London, U.K.
Barrister-at-Law, Middle Temple, U.K.

Team Su Huei
Team Members
Represented a company in a successful High Court claim
brought against a new developer of a condominium project for
delivery of car parks. The company had entered into sale and
purchase agreements with a previous developer whose rights
and liabilities were subsequently taken over by the new
developer via Deeds of Novation. The central issues in this case
were whether the company was contractually entitled to car
parks and whether specific performance could be ordered
against the new developer. The High Court delivered judgment
in favour of the company both in terms of entitlement to, and
delivery of, car parks. The said judgment was later upheld by the
Court of Appeal.
In a post companies winding up matter, we brought a successful
application on behalf of the Petitioner to pose written
interrogatories to former employees of the wound-up company.
The public examination application was brought pursuant to
section 502 of the Companies Act 2016 and was filed on the
basis that the former employees had relevant knowledge that
would help address various issues raised by the former
directors of the wound-up company.
Liaised extensively with a forensic document examiner in High
Court proceedings to determine if the defendant had authored
signatures found in several questioned documents. The matter
involved cross-border expert evidence prepared by both a local
and foreign forensic document examiner.
Ahmad Iyas Husni
Associate
aia@thomasphilip.com.my
Yeoh Ean Cheen
Associate
ecy@thomasphilip.com.my

Jason Cheong Kah Lok is an Associate in the Firm’s Civil Litigation
department. He graduated top of his class from the National
University of Malaysia (UKM) with a Bachelor of Laws with Honours
(Distinction) and was the recipient of the Royal Education Award by
the Council of Rulers. Jason was admitted to the Malaysian Bar in
2019.
Jason practices in a wide array of general civil litigation, focusing
primarily on the area of commercial disputes, contractual
disputes, debt recovery, construction, engineering, infrastructure,
projects, energy, and utilities. He has represented a broad range
of clients in all tiers of the Malaysian court.
Driven and dynamic, Jason also takes on criminal litigation cases
from time to time. He is currently pursuing his Postgraduate
Diploma in Administration of Judiciary and Islamic Legal Practice
(DAIJ) at UKM.
Jason Cheong Kah Lok
Associate (Team Leader)
jck@thomasphilip.com.my
scan to contact me
LL.B (Hons.) National University of Malaya (UKM)

Team Jason Cheong
Team Members
Secured a Performance Bond Injunction for two bank
guarantees worth RM25mil arising out of two construction
contracts.
Argued on novel questions of law on the application of
Regulation 11(2) and Regulation 3(1) of the Licensee Supply
Regulations 1990 in faulty meter cases at the Federal Court.
Defended a client in a sale of goods dispute for a claim sum of
USD12mil.
Low Henn Xhen
Associate
lhx@thomasphilip.com.my
Nicole Lee Sin Yee
Associate
lsy@thomasphilip.com.my
Obtained a Mareva Injunction against a company, its directors,
and its holding company for a sum of RM3mil by piercing the
corporate veil.
Represented a large power consumer in an alleged meter
tampering cases involving claim sums for alleged loss of revenue
of RM12mil.

Nathalie Annette Kee Xuan Li, an Associate in the firm's Civil
Litigation department. She holds a First Class LL.B (Hons.) degree
from Oxford Brookes University, U.K.. She was admitted as an
Advocate & Solicitor of the High Court of Malaya in 2019.
Nathalie’s key practice areas are civil and commercial litigation.
Her experience ranges from dealing with complex international
shareholder disputes to the enforcement of judgments against
State Governments and statutory bodies. She is knowledgeable in
matters of bankruptcy, winding-up proceedings, basic and
complex debt recovery, land disputes and directors’ disputes.
She also does advisory work on Immigration Law and occasionally
takes on pro bono briefs from survivors of intimate partner or
domestic violence.
Nathalie Annette Kee
Xuan Li
kxl@thomasphilip.com.my
scan to contact me
LL.B (Hons.), Oxford Brookes University, U.K.
Certificate in Legal Practice (CLP), Malaysia

Team Nathalie
Team Member
Obtained an order to issue a certificate pursuant to Section 33
of the Government Proceedings Act 1956 in pursuance of
enforcing a judgment sum of RM330 million owed by a State
Government to our client.
Representing and supporting the Mongolian rape survivors who
were stopped at a roadblock during the first phase of the
Movement Control Order in 2020. On top of law enforcement
and the public prosecutor’s office, coordinated efforts with the
Mongolian Consulate (and by extension, the Mongolian Embassy
in Bangkok, Thailand), private translators, private mental health
experts and non-governmental organizations, in order to
protect the welfare of the survivors. Acting as watching brief
lawyers in the criminal proceedings against the alleged
perpetrator. Successfully helped to raise over RM46,000 in order
to ensure that the survivors’ civil action could be continued in
their fight for justice.
On an urgent basis, obtained an ex-parte mareva injunction
(a.k.a. freezing injunction) to temporarily freeze all the assets of
an individual up to around RM12 million. Following this, parties
reached an out-of-court settlement whereby a considerable sum
was paid to our clients.
Preveena Ravindra Kumar
Associate
vna@thomasphilip.com.my

Phoebe Loi Yean Wei is an Associate in the firm’s Civil Litigation
department. She was called to the Bar of England and Wales in
October 2018 and admitted as an Advocate & Solicitor of the High
Court of Malaya in 2019. Phoebe holds a Bachelor of Laws degree
(with Honours) from the University of Liverpool as well as a Master
of Laws degree (LL.M).
Phoebe has experience in a broad range of civil and commercial
disputes. She has actively assisted and provided legal advice on
matters involving contractual and company disputes, online
defamation, trespassing on properties, debt recovery, judicial
review against public authorities, as well as construction
adjudication and litigation. Her current portfolio is focused on
contractual disputes, defamation, tort, land disputes, judicial
review against decisions made by public authorities and also
construction (adjudication and litigation).
Phoebe is also a contributor to the chapter on “Defamation” of
Bullen & Leake & Jacob’s Malaysian Precedents of Pleadings (Sweet
& Maxwell, 2nd edition).
Phoebe Loi Yean Wei
pyw@thomasphilip.com.my
scan to contact me
LL.B. (Hons), University of Liverpool, U.K.
LL.M, BPP University of Manchester, U.K.
Barrister-at-Law, Lincoln’s Inn, U.K.

Team Phoebe
Team Member
Represented a Residents’ Association, management corporations and
residents of Taman Tun Dr Ismail in an application for judicial review to
quash a development order granted by the Datuk Bandar of Kuala
Lumpur for the development of a piece of land which would affect
Taman Rimba Kiara, a public park nestled within Taman Tun Dr Ismail
and Bukit Kiara, Kuala Lumpur. The case generated wide public interest
as it concerns legal issues pertaining to: (1) the question of locus standi
to initiate judicial review proceedings against local authorities in
matters concerning planning and development, (2) procedural
impropriety by local authorities, (3) legal effect of the Kuala Lumpur
Structure Plan and Local Plan and, (4) conflict of interest in a joint
venture between the developer and Yayasan Wilayah Persekutuan.
Represented the Malaysian Trade Union Congress and 13 others in an
application for judicial review against the Minister of Energy, Water and
Communications over the refusal to allow access to a concession
agreement and audit report. The decision by the Federal Court is one of
the landmark judgments for judicial review as it clarified the test that
ought to be applied in dealing with the issue of locus standi in judicial
review applications.
Represented a politician in a defamation action brought by a water
concessionaire. The case attracted wide public interest and became
one of the landmark cases in defamation law as the Federal Court
recognized that the defence of Reynolds’ Privilege is available to a
defendant who is not a journalist. The apex court also gave express
recognition to the different levels of the defence of justification and the
use of Lucas-Box meanings to sustain a defence of justification.
Angelene Cheah Kai Li
Associate
ckl@thomasphilip.com.my

Rachel Ng Li Hui, an Associate in the Firm’s Civil Litigation
department, holds an LL.B (Hons.) degree from the University of
Malaya. She was admitted to the Malaysian Bar in 2019.
Rachel is active in the areas of general civil litigation and corporate
& commercial litigation, with a focus on complex shareholder
disputes. She has represented clients in all levels of the Malaysian
courts on a variety of legal disputes, including oppression actions,
breaches of directors’ duties, tenancy disputes, contractual
disputes, and medical negligence.
Rachel Ng Li Hui
rcn@thomasphilip.com.my
scan to contact me
LL.B (Hons.), University of Malaya

Team Rachel Ng
Team Member
Represented a foreign public listed company in a landmark
Federal Court case which held that directors and third parties
can be held personally liable in oppression actions under S346
of the Companies Act, 2016. We won the appeal.
Represented the sons of the 1st wife of the Deceased where the
2nd wife of the Deceased, the executor of the estate was not
doing a great job in administering the estate. Properties under
the estate were in a dilapidated state and foreclosure
proceedings were initiated due to the fact that the mortgages
were not paid for by the executor during the administration of
the estate. Even with the emotional grudges against 2 families,
we strive to provide our clients a holistic solution which will be
workable for a long term for both parties. The conflict was
eventually resolved where both parties compromised in relation
to the contribution and sacrifices for their respective
entitlements. Our clients now get to enjoy their entitlement
under their late father’s estate and the executor get to have a
life interest for one of the properties.
Defending a former director in complex corporate dispute
involving shareholding, wills, fraud, conspiracy, fiduciary duties,
and jurisdictional issues initiated by, among others, a public
listed company. Michelle Chew Ai Phin
Associate
cap@thomasphilip.com.my

Rachel Chong Jia Wei is an Associate in the firm's Civil Litigation
department. She holds an LL.B. (Hons) from Queen's University
Belfast, U.K., and was admitted as an Advocate and Solicitor of the
High Court of Malaya in 2020.
Rachel is part of a new wave of tech-savvy lawyers in the legal
profession. Her portfolio encompasses a wide array of practice
areas, including contractual disputes, corporate and commercial
disputes, personal injury litigation, and other general civil litigation
matters.
Rachel also spearheads the firm's Legal Clinic; an initiative set up
to help individuals and organisations in need of sound legal advice
at an affordable rate. The Legal Clinic also serves as a platform to
share legal knowledge.
Rachel Chong Jia Wei
rjw@thomasphilip.com.my
scan to contact me
LL.B (Hons.), Queen's University Belfast, U.K.
Certificate in Legal Practice (CLP), Malaysia

Team Rachel Chong
Team Member
Represented a Landlord to successfully recover vacant
possession of a property. Upon discovery that the tenant had
abandoned the property and could not be found, we shifted to
file a Writ of Distress to recover vacant possession to save time
and costs.
Represented a gymnastic company to settle a dispute for the
non-payment of goods supplied in a small claims dispute.
Represented a taxi driver to obtain a refund of a deposit upon
termination of a hire purchase agreement of a taxi. This matter
was settled amicably by the parties. Ivan Aaron Francis
Associate
ivf@thomasphilip.com.my

In our search for new and different ways to give back to our community, we commit
10% of our time and 1% of our revenue to Corporate Social Responsibility projects.
CSR
CSR

We have contributed to various charitable outreach events, and in particular, target one major
project each year, to provide tangible help. Thomas Philip currently supports Light Up Borneo's
efforts in bringing sustainable electricity to Sabah and Sarawak's vast interior, where between a
quarter and a third of the rural communities do not have electricity. Access to power is the starting
point towards better access to information, education, healthcare and economic growth.
Bringing Light to the Heart of Borneo
By May 2021, the Firm has help more than 190 rural homes gain access to electricity, lighting up the
lives of hundreds of people in Borneo. Help bring light to Borneo by donating to:
Lightup Borneo PLT - CIMB Bank Account No. 8009639861

At Thomas Philip, we strongly support the development of our future lawyers and regularly sponsor
book prizes and advocacy-related activities at several law schools. We have been the lead sponsor
of the Thomas Philip Novice Arbitration Moot Competition (NAMCO) since 2014, and have launched
numerous programmes and collaboration to promote better legal education and advocacy training
for future legal eagles.
Legal Education & Advocacy Training
Here are some of the legal education programmes launched and training collaboration supported
by the firm to date:
Thomas Philip Novice Arbitration Moot
Competition (NAMCO)
Malaysia's Next Advocate (MNA)
competition - an oral advocacy centric
competition launched in 2018 in
collaboration with 6 tertiary education
organisations to date, and counting!
Webinar and workshop guest
speakership for various universities,
professional bodies and law student
organisations
Launched the Thomas Philip Paralegal
School programme in year 2020
Legal Practice Experience programme

One of the most prominent pro bono cases that we have handled recently is the legal
representation of a Mongolian national who was stopped at an MCO roadblock on 10 April 2020, and
later reportedly unlawfully detained in a hotel room for more than 24-hours and raped by a police
officer.
Thomas Philip has acted in a number of major public interest cases involving inquests, freedom of
information, discrimination on grounds of race, religion or gender, and on behalf of disadvantaged
communities facing eviction through land acquisition.
Pro Bono & Public Interest Litigation
The firm launched a PitchIN crowdfunding campaign to raise the money required, in the sum of
RM46,500 on behalf of the victim in order to help re-file her civil action against the alleged rapist
in the pursuit of access to justice.

Careers
Careers
We believe in our People. Thomas Philip is committed to providing the support and
opportunities that you need to be the best that you can be.

Lawyers / Associates
Pupils in Chambers
Internships & Attachments
Paralegals / Legal Secretaries
At Thomas Philip, we do not maintain rigid practice areas, and our lawyers are not compartmentalised in
niches. We are creative and dynamic, both in the way that we practise law and in the way we run our
office. Being a Dispute Resolution practice, we understand that job satisfaction, work-life balance and a
conducive working environment are the keys to success in this field.
We recruit from the top law schools in Malaysia and overseas, looking for bright and independent
candidates with strong academic skills, who have a passion for dispute resolution and are ready to
assume responsibility early in their legal career. They will be exposed to all aspects of the practice, and
have opportunities for meaningful client and courtroom experiences, to learn and grow as a lawyer.
We believe that a rich and rewarding internship experience, is a vital first step in cultivating well-
rounded Dispute Resolution lawyers. We strive to give our interns hands-on opportunities to put what
they have learnt in law school into practice. Internships are generally for a one-month duration. Longer
or shorter durations may be accommodated on a case-to-case basis.
We believe in learning by doing, and so we offer exciting opportunities at Thomas Philip for part-time law
students to gain valuable on-the-job experience whilst pursuing their law courses. Paralegal positions
are also open to law graduates looking to experience the legal practice and hone practical skills before
taking on the world as a legal professional. Full time secretarial positions are also available.
To apply, please email your resume to careers@thomasphilip.com.my

Reported Cases
Reported Cases
We have a track record of reported cases that have contributed to the development
and clarification of the law in Malaysia since 2004.

Successfully represented a joint management body (JMB) in ascertaining that the building’s rooftop
carpark is deemed as a common property under the purview of the JMB.
- Badan Pengurusan Bersama Anzen Business Park v Remarkable Property Sdn Bhd [2021] 2 AMR 293
2021
Resisted applications filed by the proposed contemnors to set aside the ex parte orders granting
leave to our client applicant to commence committal proceedings against the proposed contemnors.
This case clarified the law on the issuance and service of notice to show cause under the Rules of
Court 2012.
- Dato’ Sri Andrew Kam Tai Yeow v Tan Sri Dato’ Kam Woon Wah & Ors [2021] 7 MLJ 874
Acted for an expressway operator in a dispute pertaining to a construction contract worth in excess
of RM17 million.
- Spring Energy Sdn Bhd v Maju Holdings Sdn Bhd [2021] 8 MLJ 193
Won the appeal on behalf of the appellants who are stakeholders affected by the development order
for Taman Rimba Kiara, a public park nestled within Taman Tun Dr Ismail ('TTDI') and Bukit Kiara,
Kuala Lumpur issued by the local authority, allowing the appellants’ judicial review application to
quash the development order.
- Perbadanan Pengurusan Trellises & Ors v. Datuk Bandar Kuala Lumpur & Ors [2021] 2 CLJ 808

Represented a national newspaper in a suit for defamation and negligence against a company in
relation to its annual syndicated survey with claim for RM303.52 million worth in profit loss.
- Sun Media Corporation Sdn Bhd v. The Nielsen Company (Malaysia) Sdn Bhd [2020] 7 CLJ 751
2020
Acted for a property developer in a dispute concerning the late delivery of vacant possession for an
apartment unit and the computational date for liquidated ascertained damages to be paid.
- Chin Pey Lee & Anor v Teori Warisan Sdn Bhd & Anor [2020] 1 MLJ 731
Acted for an automobile manufacturer on an application to uphold the arbitration decision relating
to a payment dispute arising from a RM20 million project for the manufacturing and commissioning
of step-less floor electric buses. The case clarified the legal stance that the repeal of s. 42 of the
Arbitration Act 2005 is to apply retrospectively to close the door to a s. 42 challenge in respect of any
award published on or after 8 May 2018.
- Amdac (M) Sdn Bhd v Byd Auto Industry Company Ltd [2020] 6 CLJ 625
Represented the appellant in a land law dispute involving an application for extension of caveat
pending disposal of an ongoing suit
- Hannah Kam Zhen Yi v Tan Sri Dato’ Kam Woon Wah & Anor and another appeal [2020] 6 MLJ 511

2019
Successfully defended a claim by the Land Administrator in relation to a land acquisition dispute. The
Court held that where landowners are not given the right to be heard in an application for
enlargement of time to file Form N, the extension order granted is in violation of natural justice and
is liable to be set aside ex debito justitae under the inherent powers of the court; Therefore, a land
reference order based on an irregular proceeding must fall.
- Lembaga Lebuhraya Malaysia v. Low Fook Lai & Ors [2019] 10 CLJ 84
Acted in a dispute relating to an agreement to sell a land that operated a 36-hole golf course and a
club house ,with purchase value of USD25.3 million.
- Leisure Farm Corp Sdn Bhd v Kabushiki Kaisha Ngu (Previously Known As Dai-ichi Shokai) & Ors [2019] 11 MLJ 71
Acted in an application to set aside a consent order on grounds that a clause in the consent order is
deemed to be against public policy.
- Insuflex Corporation Sdn Bhd v Adwize Sdn Bhd & Ors [2019] 10 MLJ 318
Acted in a Federal Court case relating to a trespass to land, predominantly on the issue on whether
an action in trespass was maintainable against TNB for the supply of electricity, or for continuing to
supply electricity to squatters on the subject land.
- Tenaga Nasional Bhd v Bukit Lenang Development Sdn Bhd [2019] 1 CLJ 42

2018
Acted for the plaintiffs in a dependency claim involving fatal accidents caused by the disappearance
of Malaysian Airlines aircraft, MH370.
- Wang Bao’ An & Ors v Malaysian Airline System Bhd & other cases [2018] 7 CLJ 371
Acted on an application to strike out originating summons relating to a land acquisition dispute on
the basis that the originating summons replicated an earlier proceeding, and thus amounted to a
multiplicity of proceedings and was caught by the principle of estoppel and res judicata.
- Siaw Swee Mie v Lembaga Lebuh Raya Malaysia [2018] 4 CLJ 196
Acted for the appellants in an application for a stay of the Malaysian suit against the respondents for
the wrongful death of the decedents on flight MH370, pending determination by the US court of the
jurisdictional challenge mounted by the respondents in the New York suit for the same.
- Huang Min & Ors v Malaysian Airline System Bhd & Ors [2018] 1 CLJ 434
Acted in a land purchase dispute where a claim was instituted and subsequently rejected on
grounds that the claim was an abuse of court process.
- Yeoh Phaik Suan dan lain-lain lwn Tee Guan Sui dan satu lagi [2018] 12 MLJ 425
Acted in a company dispute in relation to the rights and powers of directors to deny inspection of
the company’s financial records.
- Kwan Teck Hian v Insulflex Corporation Sdn Bhd [2018] 2 CLJ 335

2017
Acted in a dispute relating to payment claims on work done for a hotel development subcontract
valued in excess of RM1 million.
- Wong Huat Construction Co. v Ireka Engineering & Construction Sdn Bhd [2018] 1 CLJ 536
Acted in an appeal for a dismissed application for summary judgment, contending the requirements
of Order 14 of the Rules of Court 2012.
- Ching Yew Chye & Ors v Pavitar Singh a/l Manjeet Singh & Anor [2018] 10 MLJ 612
Acted for the defendants in relation to the Election Commission’s review of division of the States of
Malaya into the Federal and State constituencies pursuant to Art 113(2) of the Federal Constitution
and proposed provisional recommendations consequent to the said review.
- Peguam Negara Malaysia v Nurul Izzah Anwar & Ors [2017] 5 CLJ 595
Acted for the 1st defendant on a defamation claim stemming from the impugned words in the
defendant’s speech regarding 1MDB. The claim was struck out on the basis that 1MDB was a hot
topic at the time concerned, and is hence considered to be of public interest.
- Dato Sri Mohd Najib bin Tun Hj Abdul Razak lwn Tony Pua Kiam Wee dan satu lagi [2017] 7 MLJ 337
Successfully acted for a broadcast and telecommunication solutions provider in the Federal Court
appeal to address issues on breach of contract and expert evidence
- U Television Sdn Bhd & Anor v Comintel Sdn Bhd [2017] 10 CLJ 580

Acted for the appellant in a suit for breach of fiduciary duties brought by the Port Klang Authority in
the appellant’s capacity as general manager and Board member of PKA pertaining to the Port Kelang
Free Zone Project. The appellant successfully appealed the decision in the Court of Appeal.
- Datin Paduka Phang Oi Choo v Tan Sri Datuk G Gnanalingam & Other Appeals [2017] 5 MLJ 800
2017
Acted for the appellant in the Federal Court case involving an alleged unlawful transfer of company
shares, and to address the issue of whether the respondent’s counsel had valid warrant to act on
behalf of the respondent company.
- Ulimas Sdn Bhd v Hi-Summit Construction Sdn Bhd & Other Appeals [2017] 2 CLJ 636
Acted for the applicant in relation to the 47 batches of representations made by the applicants'
workers to the Industrial Court referred to the applicant by the Ministry of Human Resource. The
court held that the Industrial Court no longer have jurisdiction to hear matters where reinstatement
is not an option.
- Perwaja Steel Sdn Bhd v Menteri Sumber Manusia Malaysia & Ors [2017] 6 CLJ 695
Acted for the applicant in relation to the 47 batches of representations made by the applicants'
workers to the Industrial Court referred to the applicant by the Ministry of Human Resource. The
court held that the Industrial Court no longer have jurisdiction to hear matters where reinstatement
is not an option.
- Perwaja Steel Sdn Bhd v Menteri Sumber Manusia Malaysia & Ors [2017] 6 CLJ 695

2016
Appeared in the Court of Appeal for a dispute relating to an alleged series of acts amounting to
minority oppression in the Company. Among the questions of law raised were whether the
appellants were allowed to rely on public Company documents as representing the truth of
ownership of the Company, and whether the appellants were prejudiced by lack of fair play.
- Wawasan Dengkil Properties Sdn Bhd & Ors v Khoo Peng Lai & Ors [2016] 9 CLJ 517
Acted for a landowner in a claim for accounts and damages for fraud, forgery, and trespass to land
and conversion against a red earth mining company.
- Lee Lai Ban (Trading as Sole Proprietor under the name and style of ‘Sang Excavation Services’) v Kang Hai
Holdings Sdn Bhd & Anor and another appeal [2016] 3 MLJ 540
Acted for purchasers of a residential housing project against the developer company for fraudulent
misrepresentation in relation to the project being a gated and guarded community, which induced
the plaintiffs to purchase their respective properties in the project.
- Lai Rhen Kwan & Ors v Aspect Potential Sdn Bhd & Ors [2016] 10 CLJ 445
Represented the respondent in an appeal in the Court of Appeal in relation to the assessment of
damages awarded by the trial judge in the initial action against the appellant for wrongful occupation
of land, with damages sought in terms of loss of use of the land amounting to over RM63 million.
- Othman Bin Ali & 290 Ors V Bukit Lenang Development Sdn Bhd [2016] 3 MLJ 708

2015
Acted for a vessel owner in an application for a Mareva injunction against the defendant's assets
pending conclusion of arbitral proceedings between the parties.
- Bumi Armada Navigation Sdn Bhd v Mirza Marine Sdn Bhd [2015] 5 CLJ 652
Successfully brought an action on behalf of the appellants for breach of contract pertaining to a
share sale agreement in the value of RM8 million.
- Tan Ah Chio & Ors v Lua Kim Soon & Ors [2015] 1 MLJ 334
Acted in a contractual dispute involving a lawyer claiming for services rendered as an estate agent for
the sale of lands in Johor Bahru.
- Poh Chat Jing v Chua Joo Cheng [2015] 4 CLJ 1107
Successfully defended the respondent in the Federal Court appeal in relation to a defamation action
by instituting Reynolds privilege and the defence of justification.
- Syarikat Bekalan Air Selangor Sdn Bhd v Tony Pua Kiam Wee [2015] 8 CLJ 477
Acted in a Court of Appeal action in relation to the transfer of 19% shares in a joint venture company
with valuable highway concession worth RM1.7 billion.
- Hi-Summit Construction Sdn Bhd v Konsortium Lapangan Terjaya Sdn Bhd & Ors [2015] 2 MLJ 247

Acted for the appellant in a contentious probate action revolving around the issues of whether
Amanah Raya Berhad had the locus standi to continue trial proceedings on behalf of the estate, and
whether the letter of administration pendente lite could be granted with backward effect.
- Jigarlal Kantilal Doshi v Amanah Raya Bhd & other appeals [2014] 8 CLJ 704
2014
Acted for the defendant in obtaining a security for cost of RM1.1million as an interim measure in
pending arbitration proceedings.
- Measat Broadcast Network Systems Sdn Bhd v AV Asia Sdn Bhd [2014] 3 CLJ 915
Acted for the 6th respondent in the Federal Court case pertaining to the issue of whether a scheme
of arrangement could prefer one group of creditors while excluding another where the company is
in the process of being wound up.
- Francis Augustine Pereira v Dataran Mantin Sdn Bhd & Ors and other appeals [2014] 1 CLJ 161
Acted in an application to strike out a mutual consent order which recorde the division of assets
between a pair of ex spouses on grounds that the plaintiff lacked the mental capacity to instruct
solicitors due to dementia caused by brain tumour.
- Lim Thian Hock @ Lim Thiam Hock v Lim Choon Hiok [2014] 9 MLJ 1
Acted in the Federal Court appeal to determine, under r. 137 of the Rules of the Federal Court 1995,
on whether the jurisdiction of the Federal Court is limited to reviewing its own decisions or whether it
extends to the review o decisions of other courts.
- Halaman Perdana Sdn Bhd & Ors v Tasik Bayangan Sdn Bhd [2014] 3 CLJ 681

Acted for the appellants in the Federal Court appeal that centres on whether the test of locus standi
applies to an application for judicial review pursuant to the privatisation of the services for the
distribution and treatment of water for the State of Selangor.
- Malaysian Trade Union Congress & Ors v Menteri Tenaga, Air dan Komunikasi & Anor [2014] 2 CLJ 525
2014
Acted for a highway concessionaire in claiming for toll payment by a logistic company for usage of its
highway. The case primarily revolves around the interpretation of parliamentary intentions in relation
to the application of the Federal Roads (Private Management) Act 1984.
- Projek Lebuhraya Usahasama Bhd lwn Sin Kung Logistik (KL) Sdn Bhd [2014] 6 CLJ 231
Acted in an election petition filed to challenge the result of the election alleging non-compliance or
offences being committed by a political candidate.
- King Ban Siang v Gan Peck Cheng [2014] 10 MLJ 699
Acted for the local authority (‘respondent’) in an application for judicial review against the decision of
the respondent requiring the applicant to apply for planning permission for the construction of a
pole and camera to be utilised for the operation of the automated enforcement system (‘AES’)
pursuant to an initiative of the federal government with the primary objective of changing the
attitude of drivers as a road safety measure of reducing road accidents and enforcing traffic laws on
speeding.
- Beta Tegap Sdn Bhd v Majlis Perbandaran Sepang; Peguam Negara Malaysia (Intervener) [2014] 4 CLJ 551

2013
Acted for the appellants in the Federal Court appeal that centres on whether the test of locus standi
applies to an application for judicial review pursuant to the privatisation of the services for the
distribution and treatment of water for the State of Selangor.
- Malaysian Trade Union Congress & Ors v Menteri Tenaga, Air dan Komunikasi & Anor [2014] 2 CLJ 525
Acted in an application to extend the private caveat lodged over a piece of land in a land interest
dispute between the beneficiaries to the estate of one joint-owner, and the personal representatives
of the other deceased joint-owner of the land.
- Onn Yee Kien & Anor v On Giin Chuang [2013] 5 CLJ 837
Acted in a banking dispute that seeks to define the roles and functions of the Shariah Advisory
Council (‘SAC’) in the Islamic Banking sector, and to determine whether the SAC is “usurping” the
functions of the courts in ascertaining Islamic law in contravention with arts. 8 and 74 of the Federal
Constitution.
- Tan Sri Abdul Khalid Ibrahim v Bank Islam Malaysia Bhd [2013] 4 CLJ 794
Acted in a banking dispute that seeks to define the roles and functions of the Shariah Advisory
Council (‘SAC’) in the Islamic Banking sector, and to determine whether the SAC is “usurping” the
functions of the courts in ascertaining Islamic law in contravention with arts. 8 and 74 of the Federal
Constitution.
- Tan Sri Abdul Khalid Ibrahim v Bank Islam Malaysia Bhd [2013] 4 CLJ 794

Represented the plaintiff in seeking several declarations and damages for being expelled as a
member of the Royal Lake Club in Kuala Lumpur and declared by the Club to be persona non grata.
- Lee Mew Kwan v Royal Lake Club [2012] 8 CLJ 105
2011
Acted for a project management company in a claim for breach of oral agreement for the promise to
appoint the company as project manager and the engineering consultant for the construction of a
highway linking Kuala Lumpur to the Kuala Lumpur International Airport.
- Pengurusan Projek Daya Sdn Bhd & Anor v Konsortium Lapangan Terjaya Bhd [2011] 6 CLJ 246
Acted for the plaintiff in a dispute concerning a land sale for the construction of a petrol filling and
service station and the license to operate the station.
- Jamin Trading Sdn Bhd & Anor v Shell Malaysia Trading Sdn Bhd [2011] 10 CLJ 287
Acted in an election petition that arose as a result of a by-election for a parliamentary constituency
on grounds of corrupt practices, leading to the question of law on whether the election judge is
empowered to strike out a defective petition without trial.
- Mohd Zaid Ibrahim v P. Kamalanathan P Panchanathan & Ors [2010] 8 CLJ 608
Acted in a Federal Court appeal that stems from proceedings against 13 defendants, including the
appellant, in respect of an alleged conspiracy to defraud the Estate of the deceased. Involvement of
interveners in the case raised the issue of whether interveners have legal basis to intervene as they
were beneficiaries to the Estate.
- Chong Fook Sin v Amanah Raya Bhd & Ors [2010] 7 CLJ 917

2010
Acted in an inquiry stemming from the plaintiff’s application of various orders against the 1st
defendant under ss. 3 and 5 of the Mental Disorders Ordinance 1952, to determine whether the
application was made to protect plaintiff's commercial interest or otherwise.
- Tee Wee Kok v Teh Liang Teik & Ors [2010] 5 CLJ 605
Acted in a dispute involving a breach of agreement between a principal and his tax agent, whereby
the tax agent failed to submit the requisite tax returns through fraudulent misrepresentation.
- Cashflow Horizon Sdn Bhd v Subramaniam Paidathally & Anor [2010] 2 CLJ 487
Acted in an application to the Court of Appeal to review and set aside the decision of another coram
of the Court of Appeal.
- Peter Tang Swee Guan v Subramaniam AV Sankar & Ors [2010] 8 CLJ 963
Acted in a civil procedure anomaly where a part-heard case is assigned to be heard before another
judge. Where an application was made by a party to have it continue to completion before the
previous trial judge who heard the case, the issue that arose was whether s.20 of the Courts of
Judicature Act 1964 and s.11 of the Judges' Code of Ethics 2009 permits such application to be
made.
- Eh Wee Khiang & Ors v Teh Wee Chye & Ors [2010] 2 CLJ 916

Acted in an inquiry stemming from the plaintiff’s application of various orders against the 1st
defendant under ss. 3 and 5 of the Mental Disorders Ordinance 1952, to determine whether the
application was made to protect plaintiff's commercial interest or otherwise.
- Tee Wee Kok v Teh Liang Teik & Ors [2010] 5 CLJ 605
2009
Represented the appellant in an application to adduce further evidence at the hearing of the appeal
proper under O 56 r 1(3A) of the Rules of the High Court 1980.
- Lee Thye @ Lee Chooi Yoke v Societe Generale Cawangan Singapura [2009] 6 MLJ 24
Acted for the respondents in a dispute pertaining to the local authority’s decision to allocate
approximately 13.84 acres of land in the housing estate as a Muslim burial ground where an
application for judicial review was brought.
- Majlis Agama Islam Selangor v Bong Boon Chuen & Ors [2009] 6 CLJ 405
Acted for the respondents in a dispute pertaining to the local authority’s decision to allocate
approximately 13.84 acres of land in the housing estate as a Muslim burial ground where an
application for judicial review was brought.
- Tan Pei Ing v Ainon Binti Ali & Ors [2009] 3 MLJ 393
Brought a defamation action on behalf of the plaintiff, the President of Pertubuhan Arkitek Malaysia
(‘PAM’), against the defendants who were architects and also members of PAM.
- Tan Pei Ing v Ainon Binti Ali & Ors [2009] 3 MLJ 393

2008
Acted in an appeal by the appellant/plaintiff against the High Court's refusal to grant its application
for leave to amend the name of the plaintiff in the writ of summons and the statement of claim.
- JR Lincks College of Higher Education v Majlis Perbandaran Melaka [2008] 3 CLJ 808
Acted in a claim by the plaintiff that the defendant held properties on a resulting trust for the
plaintiff’s benefit, as the inheritance money transacted to the defendant’s account was to circumvent
the plaintiff’s bankruptcy status.
- Law Ding Hock v Ng Yoon Lin [2008] 8 CLJ 94
Acted in a suit involving antedated letters that were included in the list of documents, raising the
issue of whether such letters constituted a contempt of court.
- Metro Giant Group Sdn Bhd v Gala Sari Resources Sdn Bhd & Ors (No.2) [2008] 7 CLJ 579
Acted in an application to oppose an order for sale of the charged land. Issues expounded include
whether the procedure under s.256 of the National Land Code were meant to be speedy and
summary in nature.
- HSBC Bank Malaysia Bhd v Overseas Industries Sdn Bhd [2008] 8 MLJ 213
Acted in an appeal by the defendant against the assessment of damages of RM52,905,269 awarded
to the plaintiff suffered as a result of the defendant's termination of the joint venture agreement.
- Nikmat Masyhur Sdn Bhd v Kerajaan Negeri Johor Darul Ta’zim [2008] 9 CLJ 46

2007
Acted in a Court of Appeal dispute which clarified multiple land law issues including whether any
representation has been made by registered proprietor to induce the squatters to remain in
occupation of the impugned lands, and whether transfer of land itself was fraudulent.
- Rabiah Lip & Ors v Bukit Lenang Development Sdn Bhd & Other Appeals [2008] 3 CLJ 692
Acted for the third respondent in an appeal by the appellant against the decision of the learned High
Court judge allowing the first and second respondents' petition for sanction of a scheme of
compromise and arrangement between them and their creditors under s.176 of the Companies Act
1965.
- Mayban Trustees Bhd v Bayan Bay Development Sdn Bhd & Ors [2007] 4 CLJ 672
Acted for the respondents in a suit in determining whether the decision of the Chairman to adjourn
the meeting valid, and if such decision is reasonable.
- Datuk Johari Abdul Ghani & Ors v QSR Brands Bhd & Ors [2007] 1 CLJ 85
Acted on behalf of the appellant in an application for leave to issue judicial review against the
Securities Commission.
- QSR Brands Bhd v Suruhanjaya Sekuriti & Anor [2006] 2 CLJ 532

Thomas Philip has grown
to become one of the
largest dispute resolution
only law firms in Malaysia,
focused solely on civil and
commercial litigation,
arbitration and mediation.

5-1, Jalan 22A/70A Wisma CKL, Desa Sri Hartamas, 50480 Kuala Lumpur, Malaysia
T: +603-6201 5678 | F: +603-6203 5678 | E: tp@thomasphilip.com.my
www.thomasphilip.com.my

Thomas Philip Corporate Profile (May 2021)

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