Azman Davidson & Co

On the court record

Azman Davidson & Co appears in the reported judgments as a construction and civil-litigation practice, working mainly in the High Court (Mahkamah Tinggi) with matters in the Court of Appeal (Mahkamah Rayuan) and appearing for plaintiffs and defendants in roughly even measure. Civil procedure is the most frequent theme in its corpus, including the assessment of damages on an undertaking as to damages given when an interlocutory injunction was obtained, and questions of practice and procedure on appeal from decisions of the High Court. Construction and negligence work is a distinct strand: claims that a party failed to exercise reasonable care during construction works and the duty of care owed in that context, and a judicial review of a decision of the Home Buyers Claim Tribunal, where the issue was the award of liquidated ascertained damages from the date of booking. The firm also appears in committal proceedings and in originating-summons matters arising from construction disputes. The counterparties in the corpus include construction and quarrying companies such as Minda Muhibah Sdn Bhd, CK East Construction Sdn Bhd and Banggi Quary Sdn Bhd, together with statutory bodies such as a claims tribunal and a federal lands commissioner. Acting for plaintiffs, defendants and appellants across these matters, the firm presents as a litigator whose corpus centres on construction and negligence disputes and the civil-procedure questions — assessment of damages, undertakings, committal and judicial review of tribunal decisions — that surround them. The recurrence of construction-related negligence and tribunal-review matters marks a practice embedded in the disputes generated by building and development work. The undertaking-as-to-damages matters are a distinctive procedural strand, since a party who obtains an interim injunction must be prepared to compensate the other side if the injunction is later found to have been wrongly granted, and the corpus records the firm engaging with the assessment of that compensation. Its judicial review of a home-buyers' claims tribunal shows the same practice moving between the trial courts and the specialised tribunals that resolve housing and construction disputes.