This content is provided by Bodipalar Ponnudurai De Silva.
Managing Partners: Fiona Bodipalar, Alex De Silva, Alvin Tang
Number of partners: 5
Number of lawyers: 16
Languages: English, Malay, Mandarin
Seasoned with the handling of novel disputes, unexpected courtroom manoeuvres and clever counterarguments, Bodipalar Ponnudurai De Silva (BPD) has polished its litigation and dispute resolution aptitude to be at the forefront of multiple practice areas.
BPD prides itself with lawyers who are all active litigators, guided by partners of the firm who have in excess of 20 years of sustained experience in litigation in their respective fields of expertise.
Civil & Commercial Litigation
- Land & Property
- Wealth & Asset Management Disputes
- Arbitration & Adjudication
- Intellectual Property
- Constitutional Law
Corporate & Company Law
- Shareholder Disputes
- Restructuring & Insolvency
- Conspiracy & other disputes based on tort
- Corporate Advisory
- Employment Disputes
- Retrenchment & Dismissal
- Trade Union Disputes & Class Actions
- Redundancy & Restructure
- Employment Contracts
Main Areas of Practice:
Civil & Commercial Litigation:
5 Partners, 16 Fee Earners based in Kuala Lumpur
Contacts: Fiona Bodipalar ([email protected]), Alex De Silva ([email protected]), Alvin Tang ([email protected])
■ Tengku Dato’ Ibrahim Petra bin Tengku Indra Petra v Petra Perdana Bhd; Wong Fook Heng and Tiong Yong Kong v Petra Perdana Bhd
The Federal Court (FC) ruled in favour of the Appellants in the two appeals and held that it is the Board of Directors who make the business decisions of the company and not the shareholders, provided that directors act within the powers delegated to them by the law. The FC also reiterated that the “Charterbridge” test is the test to determine whether there was a breach of directors’ duties.
Partner: Alex De Silva (acted for Wong Fook Heng and Tiong Yong Kong)
■ Pioneer Haven Sdn Bhd v Ho Hup Construction Co Bhd & Anor and other appeals
The Court of Appeal found in favour of Pioneer Haven (one of the appellants) and held that a Joint Development Agreement, in respect of the primary land of the company, coupled with a Power of Attorney to the developer, did not amount to a disposal of a substantial portion of the company’s property within the meaning of Section 132C of the Companies Act 1965 (thereby requiring prior shareholder approval). The Court of Appeal ruled that the “disposal” within the meaning of the Companies Act 1965 requires transfer of beneficial ownership, and not merely ceding control of the land to the developer.
Partner: Alvin Tang (acted for Pioneer Haven Sdn Bhd)
■ Projek Lebuhraya Usahasama Bhd (PLUS) v Majlis Perbandaran Subang Jaya
The High Court held that a local council (MPSJ) did not have jurisdiction over the toll booths operated by PLUS, as the toll booths were operating on land that had been declared as federal roads by the Minister of Works. This decision was upheld by the Court of Appeal. MPSJ’s attempt to appeal to the Federal Court was unsuccessful. Partners: Fiona Bodipalar and Alex De Silva (acted for PLUS)
Corporate & Company Law:
5 Partners, 16 Fee Earners based in Kuala Lumpur
Contact: Fiona Bodipalar ([email protected]), Alex De Silva ([email protected]), Alvin Tang ([email protected])
■ CIMB Investment Bank Bhd vs Ernst & Young & Anor Appeal
The Court of Appeal held that auditors owe a duty of care to a licensed fund company’s investor when they perform statutory audits. The Court found the auditors to be professionally negligent in not detecting the fund company’s fraud in the management of the client’s funds. Partner: Fiona Bodipalar (acted for CIMB)
■ Folin & Brothers Sdn Bhd (in liquidation) & Ors v Folin Food Processing Sdn Bhd & Ors
The Court of Appeal held that the consent order to obtain an independent valuation of the shares of Folin Food was not followed and therefore, a fresh valuation exercise should be commenced to determine the fair value of the shares of Folin Food.
Partner: Fiona Bodipalar (acted for Folin Brothers and the joint liquidators)
■ Shencourt Sdn Bhd (in liquidation) (in receivership) v Shencourt Properties Sdn Bhd (in liquidation)
The Court of Appeal removed both of the joint liquidators of Shencourt Properties from office since the liquidation of the company had been rendered dysfunctional due to the joint liquidators’ inability and/or unwillingness to work together for the benefit of the company.
Partner: Alvin Tang (acted for Shencourt Sdn Bhd, the applicant contributory)
2 Partners, 4 Fee Earners based in Kuala Lumpur Contact: Alex De Silva ([email protected])
■ Ahmad Zahri bin Mirza Abdul Hamid v AIMS Cyberjaya Sdn Bhd
The question before the Federal Court was whether the Appellant, who is a foreign national, was a permanent employee of the Respondent, or employed on a fixed-term contract. In concluding that the Appellant was a permanent employee, the Federal Court found that the Appellant had a continuous employment, albeit with a group of companies, as he had worked with them as one enterprise and the nature of his employment is not one off and/or seasonal. In this regard, the Federal Court also held that an employee’s nationality is immaterial to the determination of the dispute.
Partner: Alex De Silva (acted for the Appellant, Ahmad Zahri bin Mirza Abdul Hamid)
■ Perwaja Steel Sdn Bhd v. RHB Bank Bhd & Ors
In a landmark decision on the interpretation of S. 31 of the Employment Act, the High Court determined the competing interests between the wages and statutory payments of ex-employees of the Plaintiff (a wound-up company), and the interests of the security held by debenture holders. The Court held that the wages and statutory payments of the Plaintiff’s ex-employees took priority over the secured debt owing by the Plaintiff to its debenture holders.
Partner: Alvin Tang (acted for the 6th-790th defendants, the ex-employees of the Plaintiff)
2 Partners, 4 Fee Earners based in Kuala Lumpur
Contacts: Fiona Bodipalar ([email protected]), Alvin Tang ([email protected]) BPD frequently handles international arbitration disputes involving foreign seated arbitrations and foreign litigants. BPD has also been involved in advisory work for cross-border disputes in foreign jurisdictions, examples of which include:
■ Investor-State arbitration involving the Philippine government (Partner: Fiona Bodipalar)
■ Corporate disputes and matters involving Malaysian companies in Hong Kong (Partner: Fiona Bodipalar)