Basharuddin Iskandar
Contact Information
About Basharuddin Iskandar
Basharuddin Iskandar appears in 4 reported Malaysia judgments (2024–2025). These were heard before MYHC (4).
On the court record
The firm's record illustrates how the courts treat fraud and the duty of utmost good faith in insurance claims, and the limited scope for interfering with the Director General of Insolvency's statutory discretion under the Insolvency Act 1967.
Basharuddin Iskandar appears in the corpus as counsel in insurance, civil procedure and insolvency litigation, argued in the High Court (Mahkamah Tinggi).
The firm's insurance work includes a substantial fire-insurance dispute in which it acted for the plaintiff, MForce Bike Holdings Sdn Bhd, against Allianz General Insurance Company (Malaysia) Berhad. The court examined whether the fire was incendiary and deliberately set by or with the connivance of the insured, whether the insured had submitted a false, exaggerated and fraudulent claim supported by forged invoices and delivery orders, and whether the insured had breached the duty of utmost good faith (uberrimae fidei). It also addressed the principle of indemnity and whether an insured could profit by claiming for goods never purchased, and whether a finding of fraud tainted the entire claim, including any reduced alternative sum, so as to entitle the insurer to repudiate liability.
In related litigation the firm again acted for the same plaintiff in an application to commence committal proceedings against the plaintiff's representative under Order 52 rule 3(2) of the Rules of Court 2012, where the court was not satisfied that a prima facie contempt had been shown.
The firm also appeared in civil-procedure work, including an application to amend a statement of defence under Order 20 rule 5 of the Rules of Court 2012, where the question was whether the amendment was made in good faith and whether it would prejudice other parties or change the character of the suit. In insolvency, the firm acted for the respondent in an application under section 33B(4) of the Insolvency Act 1967 concerning whether the Director General of Insolvency could be restrained from discharging a bankrupt under section 33A, and the limits on the court's power to interfere with that discretion. The firm's record is a mixed commercial-litigation practice.
How many cases has Basharuddin Iskandar been involved in?
Basharuddin Iskandar appears in 4 reported Malaysia judgments (2024–2025).
Which courts does Basharuddin Iskandar appear in?
Basharuddin Iskandar appears before MYHC (4).
What areas does Basharuddin Iskandar cover in the reported cases?
The firm appears in insurance, civil procedure, contempt and insolvency litigation before the High Court, including a fire-insurance fraud dispute and an application under the Insolvency Act 1967.
What issues arose in the firm's fire-insurance matter?
The dispute examined whether the fire was deliberately set, whether the insured submitted a fraudulent claim supported by forged documents, whether the duty of utmost good faith (uberrimae fidei) was breached, and whether a finding of fraud entitled the insurer to repudiate the entire claim.
Has the firm handled insolvency matters?
Yes. The firm acted for the respondent in an application under section 33B(4) of the Insolvency Act 1967 concerning whether the Director General of Insolvency could be prevented from discharging a bankrupt under section 33A, and the limits on interfering with that discretion.