Zaid Ibrahim & Co

Litigation

Partner

Jeyakuhan Jeyasingam helms the Kuala Lumpur Disputes Practice. As a partner, he has over 29 years of experience in commercial litigation services for disputes in stratified and landed property concerning the construction industry, property development, common property, facility management, real estate acquisition, sales and leasing sectors. He works with owners/landlords of mining land, commercial buildings, shopping malls and factories who engage his services to settle disputes with their licensees, tenants and lessees.

His clientele are made up of both Federal & State Government-Linked Companies, Statutory Bodies and Agencies such as Permodalan Selangor Berhad, Air Selangor Berhad, Central Spectrum (M) Sdn Bhd, Suruhanjaya Perkhidmatan Air Negara, Iskandar Regional Development Authority, Lembaga Tabung Haji, TH Properties Sdn Bhd, Etiqa Takaful & Insurance, Malaysia International Shipping Corporation Berhad, Malaysia Digital Economy Corporation, Bank Pembangunan Malaysia Berhad and Amanah Raya Berhad, amongst others. His Multi-National Company and Public Listed Company clients include Oracle, KPMG Switzerland, Salt, Hanwa, Owen Mumford, Logos, CapitaLand, RedBus, SP Setia Berhad, British America Tobacco, Great Eastern Holdings Limited and Alkhair Holding (Bahrain), to name a few.

He also regularly advises on local and cross-border legal claims against freight forwarders, hauliers/transporters, shipping lines and logistics providers and has represented clients in various civil and labour law matters as well.

Kuhan also advises on testamentary matters involving probate and administration that are both contested and uncontested applications.

Litigation and Advisory Services undertaken include:

Successfully defended a Malaysian Company and its directors in a breach of tenancy agreement and negligence (including strict liability negligence under the rule in Rylands vs Fletcher) suit for RM26.5million with cross claims. The matter involved goods destroyed in a fire at a warehouse, where we acted for the landlord in a suit brought by the tenant. Successfully contested a court action for a Bank client to recover over RM16 million due from a non-performing loan. Applications are being considered for enforcing the Bank’s right as the assignee of the rights and benefits (by way of an assignment agreement and) under an insurance policy and an action for injunctive relief. Advised and acted for Suruhanjaya Pilihan Raya (Election Commission) in the Court of Appeal. The appeal was dismissed with no order as to costs. Advised and acted for a Malaysian subsidiary of a medical equipment MNC on the recovery of damages due to the sale and supply of counterfeit components that caused substantial losses to the end products. Advised commercial property buyers of a development in the State of Melaka on a claim of non-completion of common property. Appeals were taken to the Court of Appeal and Federal Court. Acted for a property developer in a trespass and negligence suit against the neighbouring landowners and developers which involved specialized evidence of encroachment under a large body of water situated on former tin mining land. Both prohibitory and mandatory injunctions were successfully obtained. Successfully represented a GLC client in a Court of Appeal matter pertaining to a breach of contract claim for wrongful termination of the operation of a multi-tier parking complex. Reviewed an Engineering Procurement and Construction contract involving a power-generation dispute of approximately RM2 billion, wherein an injunction had been successfully obtained to prevent the counterparty’s call on the security bond and arbitration steps were being contemplated to resolve the dispute. Acted for two manufacturer companies in two related High Court suits for breach of a fabrication, installation and commissioning agreement. Acted for a GLC in a contested winding-up petition of a joint venture company based on the grounds of it being just and equitable for doing so. Acted for a panel client in recovery proceedings of over RM 1 million for breach of a tenancy agreement. Acted for an oleochemicals production company in recovery proceedings pursuant to a breach of a contract for supply, labour, tools, materials, testing and commissioning. Acted for several GLCs under the Selangor State Government in a few related cases involving breach of mining contact entailing a claim for more than RM20 million with cross claims and injunctions. Advised and acted for a Statutory Body in an action brought by the beneficiaries under multiple family lines forming the next of kin of an estate seeking damages against the original executors for breach of fiduciary duties and fraud allegedly perpetrated for the benefit of the executors. Applications were argued on appeal to the Court of Appeal. Acted for a specialised tech-park developer in two land related applications to remove a Private Caveat and to compel the performance of the Offer to Purchase. Successfully defended a Statutory Body in a High Court suit instituted by a developer for Third-party indemnity against the purchasers of a property development in Medini, Johor.

Prior to joining the firm in 2018, Kuhan was a partner at the Kuala Lumpur branch of law firm Rastam Singa & Co, which had a strong banking litigation and insolvency practice. Kuhan was further involved in litigation matters relating to commercial law, land and building law and corporate law. He was also previously the managing partner of litigation-based law firm Scott & Kuhan.

Kuhan is a frequent guest speaker on topics relating to land and building laws as well as probate and administration, and has authored several articles related to these areas of the law.

English, Bahasa Malaysia

Advocate and Solicitor of the High Court of Malaya Bachelor of Laws (Hons), University of London Certificate in Legal Practice (Hons), Legal Profession Qualifying Board, Malaysia