Gun & Chambers

On the court record

Gun & Chambers is a Malaysian firm whose reported matters before the High Court (Mahkamah Tinggi) and the Court of Appeal (Mahkamah Rayuan) sit in civil litigation, civil procedure and land. A recurring theme is the setting aside of judgments and the appellate scrutiny of first-instance findings. The firm has appeared in an appeal against a Sessions Court refusal to set aside a judgment entered after trial in the absence of a party under Order 35 Rule 2 of the Rules of Court 2012, where the question was whether sufficient cause had been shown to justify setting the judgment aside. It has also litigated a civil appeal (Rayuan Sivil) concerning the alleged tampering or manipulation of an electricity meter and a claim for loss of revenue, engaging the Energy Commission (Suruhanjaya Tenaga) guidelines and the interpretation of a five-year claim period, and the settled principles restraining an appellate court from interfering with a trial court's findings of fact.

The firm's commercial and land work includes a group of related suits alleging that defendants had conspired jointly to defraud the plaintiff, and claims for goods and services supplied together with liability under guarantees, where conspiracy and the sufficiency of proof were in issue. In the land field it has appeared in an assessment of damages following a finding that defendants had wrongfully entered private caveats over the plaintiff's land, engaging the rule that a party who wrongfully lodges a caveat is answerable in damages. The reported profile is that of a civil-litigation practice grounded in procedure and evidence, equally at home resisting or setting aside default and post-trial judgments, testing the reach of a utility's revenue claim, and quantifying the loss caused by a wrongful caveat, with a steady focus on the standards of proof and appellate intervention that decide such disputes.