K Nadarajah & Partners

On the court record

K Nadarajah & Partners is a Malaysian firm whose reported matters before the High Court (Mahkamah Tinggi) and the Court of Appeal (Mahkamah Rayuan) span civil procedure, company, employment-related judicial review and land. Interim relief and the setting aside of orders recur: the firm has argued a Mareva freezing injunction, addressing whether the plaintiff had a good arguable case, whether the defendant held assets within the jurisdiction and whether there was a real risk of dissipation, and it has appeared in an application to set aside an order made in the absence of a defendant in originating-summons proceedings under Order 42 Rule 13 of the Rules of Court 2012, which was dismissed for unexplained delay after the order was deemed served.

The firm's public-law work is notable for a line of judicial reviews arising from the Industrial Court. It has sought leave to challenge Industrial Court awards, including one where an employee was found to have been dismissed without cause but also to have contributed to his dismissal, and it has argued for an extension of time to file such a review under Order 3 Rule 5. Its wider caseload includes a joint-venture dispute engaging planning permission under the Town and Country Planning Act 1976, a transfer and consolidation of proceedings under the Courts of Judicature Act 1964, and striking-out applications testing whether a suit was vexatious, frivolous or time-barred under section 6 of the Limitation Act 1953 and whether the plaintiff had locus standi. In a related striking-out dispute the firm also argued whether a suit was vexatious or time-barred under section 6 of the Limitation Act 1953 and whether the plaintiff had the locus standi to bring it at all. The reported profile is that of a litigation practice comfortable with the freezing injunction and the setting aside of orders, industrial-relations judicial review, and the procedural and limitation questions that govern the life of a civil suit.