Chambers of Firdaus

On the court record

Chambers of Firdaus is a Malaysian firm whose reported matters before the High Court (Mahkamah Tinggi) and the Court of Appeal (Mahkamah Rayuan) are concentrated in construction, strata and property litigation, insurance and civil procedure. In the construction and housing field it has litigated a claim for liquidated ascertained damages, where a discrepancy between the letter of award and other documents, the absence of written notice for an extension of time, rectification costs and loss of income were in issue, alongside a counterclaim for payment and the validity of a payment certificate. A substantial group of matters arises from strata management, engaging the management corporation and section 36 of the Strata Titles Act 1985 and the Strata Management Act, including a contempt application under Order 52 of the Rules of Court 2012 to enforce a mandatory injunction obtained against a developer.

The firm has also appeared in an insurance-indemnity claim following a road-traffic accident, where the insurer alleged a fraudulent claim and the court weighed conflicting forensic expert evidence and the burden of proof, holding that notice to an agent constituted valid notice to the insurer. Its civil-procedure work includes argument on the finality of a striking-out order, which renders the court functus officio and unable to set aside its own final order, and an application under Order 33 of the Rules of Court 2012 for the trial of a preliminary issue of fact or law. It has further litigated a strata dispute engaging estoppel by conduct and the statutory notice regime under the strata legislation, and a competency objection under section 68 of the Courts of Judicature Act 1964 to an appeal said to be statutorily barred, testing the limits of appellate jurisdiction over non-appealable matters. The reported profile is that of a property and construction-focused litigation practice, at home with liquidated damages, strata governance and the enforcement of injunctions by contempt, and with the procedural questions that determine when a court's order becomes final.