Civil Procedure

Standard Confectionery Sdn Bhd v Amanah Raya Berhad [2015] MLJU 901

Benjamin Dawson acting for the Trustee of the REIT (“the Trustee”) successfully argued for the Plaintiffs’ claims to be struck out due to the Plaintiffs’ failure to comply with an “unless order” and the Plaintiffs to be precluded from defending the counterclaim by the Trustee for inter alia vacant possession of its Property and payment of overdue rentals and charges by reason of the Plaintiffs’ failure to comply with an order for security for costs. The Plaintiffs’ attempt to challenge the High Court decision at the Court of Appeal and Federal Court were unsuccessful.

HSBC Bank Malaysia Bhd (formerly known as Hongkong Bank (M) Bhd) v. Tirathrai Sdn Bhd (formerly known as T Jethanand Sdn Bhd) [2009] 7 MLJ 168

The Defendant through its directors had interfered with the administration of justice by attempting to circumvent an Order For Sale granted by the Court by placing four caveats, one attempted injunction and two ex-parte restraining orders on the property. Mr. Benjamin Dawson successfully applied for committal order against the said directors.

Dato’ Ho Seng Chuan v. Rabobank Asia Ltd [2002] MLJU 216

This case relates to the question of jurisdiction and in particular whether issues adjudicated in a foreign judgment can be re-litigated in the Malaysian Court. The Court agreed with Mr. Benjamin Dawson’s submission that it was not open for the defendant under the foreign judgment to do so.

Bank of Commerce (M) Bhd v. Haji Mazlan Bin Haji Khamis & Ors [1998] MLJU 514

Mr. Benjamin Dawson successfully argued that the Defendant’s proposed amendments to his Defence and Counterclaim were mere tactical manoeuvre to delay the Plaintiff’s application for summary judgment and an afterthought made to delay proceedings.

Tengku Aishah Sultan Hj. Ahmad Shah v. V Wardley Ltd [1992] 2 CLJ 1278

The case concerned a dispute between the plaintiff and a foreign bank in Singapore over certain alleged investment advice. The High Court agreed with Mr. Benjamin Dawson’s submission that the Malaysian Court had no jurisdiction to try the suit.

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