Hisham Sobri & Kadir

On the court record

Hisham Sobri & Kadir is a Malaysian firm whose reported matters before the High Court (Mahkamah Tinggi) and the Court of Appeal (Mahkamah Rayuan) are concentrated in banking, insolvency, land and contract litigation. In the insolvency field it has appeared in bankruptcy proceedings on appeal, addressing an application to set aside a bankruptcy notice and an application for leave to commence bankruptcy proceedings against a guarantor, and specifically whether the prior leave of the court is required before a bankruptcy notice may be issued, or whether leave obtained after issuance but before a further step suffices. Its banking and land work includes foreclosure litigation over tawarruq financing facilities, engaging the statutory notice of demand in Form 16D under the National Land Code, service and the deeming provisions, and whether the lender had satisfied the statutory conditions precedent to an order for sale.

The firm has also litigated applications to set aside default judgments, including competing applications by different defendants to set aside a default judgment entered against them, and a declaratory land dispute where new proprietors who had bought land from a deceased in the 1960s faced a challenge by the deceased's heirs to the existence of the sale agreement, with the contemporaneous documents unable to be traced. In the contract field it has appeared in a breach-of-contract dispute over parking rental, a claim for excess payment and loss of profit from bays operated without a licence, and the duty to obtain a certificate of fitness under the Factories and Machineries Act 1967. In the declaratory land dispute the firm relied on contemporaneous documents and the conduct of the parties to establish a sale concluded decades earlier, notwithstanding that the original agreement could no longer be traced. The reported profile is that of a banking and property-litigation practice, at ease with foreclosure and bankruptcy machinery, the setting aside of judgments, and the land and contract disputes that surround secured lending and property transactions.