Tommy Thomas Advocates & Solicitors

Firm Details:
Partners: Alan Gomez, Ganesan Nethi, Michael Yap, Rahayu Mumazaini, Mervyn Lai
Consultants: Tommy Thomas, Sitpah Selvaratnam
Number of lawyers: 11
Languages: English, Bahasa Malaysia, Mandarin, Cantonese, Tamil

Firm Overview:
TOMMY THOMAS provides counsel and solicitors' services in respect of disputes, potential disputes and advisory assistance. The breadth and depth of the combined experience within the firm has positioned TOMMY THOMAS as the firm of choice in litigation, arbitration and dispute resolution. “The team is known for handling some of Malaysia’s largest and most complex cases. In addition to its outstanding track record on commercial cases, it has a strong public law practice, acting on major judicial review and constitutional matters. Also frequently sought after for major appellate work.” (Chambers Asia). TOMMY THOMAS is the only small firm in Benchmark Asia Pacific’s list of 7 “highly recommended leading disputes” firms in Malaysia.

Main Areas Of Practice: 

Aviation:
■ Acting for 76 relatives of passengers on board Malaysian Airlines Flight MH370 in one of the largest suits of its kind worldwide

Commercial:
■ Acting for a consortium of 7 financial institutions, in a landmark bond dispute against the issuer, lead arranger, trustee and professional advisors, and secured judgment exceeding RM200 million after a 40 day trial at the High Court

■ Acted for the largest law firm in Malaysia in a dispute with its former founding partner in respect of the firm's goodwill and equity

■ Acted as Counsel in successfully challenging the transfer of substantial shares in a company with a lucrative contract with the Government of Malaysia, on grounds of economic duress through influence within the Government

■ Acting for the eldest surviving son of a Malaysian family whose wealth spans various jurisdictions, where central to the dispute is the ownership of a crucial 25% of the paid up capital of a Malaysian public company with subsidiaries China

■ Acting as Counsel in the Federal Court for leave to commence derivative proceedings under Sections 347 and 348 of the new Companies Act 2016, where there are no previous reported decisions on these new provisions

Construction:  

■ Acting for a subsidiary of a major Chinese construction company in a complex arbitration arbitration against the developer of a high value mixed development in Kuala Lumpur, for sums in dispute of RM1.5 billion

■ Acting for a major Malaysian listed construction company in numerous ongoing construction litigation and adjudication matters

■ Acting for a major oil and gas company in relation to the negligent construction of a wellhead platform

Securities: 

■ Acting for a Malaysian asset management company at the Court of Appeal in successfully upholding the High Court Judgment finding a former unit trust agent liable for fraudulent misrepresentations and acts to induce an investor to place a RM 100 million investment with the company on terms contrary to the company’s fund prospectuses, the first reported decision of its kind in Malaysia

■ Acting for the Securities Commission in a suit brought against the perpetrators of a Ponzi scheme, and successfully obtained judgment and an Order for tracing of assets

Shipping: 

■ Acting for a vessel owner providing services to the offshore oil and gas sector, in intervening in the Judicial Management proceedings of its charterer to recover outstanding sums due under a charterparty adopted by the Judicial Manager, requiring the vessel owner to continue providing the vessel while the charterer was under judicial management

■ Acting for a major local public listed vessel owner in its charter party disputes

■ Acting in several disputes involving vessels carrying oil products allegedly sanctioned by the United States Office of Foreign Assets Control

■ Numerous arrests, and release of vessels from arrest