K.S Pang & Co

On the court record

K.S Pang & Co is a Malaysian firm whose reported matters before the High Court (Mahkamah Tinggi) and the Court of Appeal (Mahkamah Rayuan) range across company, contract, estate and criminal work. In the corporate and contract fields it has appeared in an appeal over the recovery of a director's loan, tested against contemporaneous documentary evidence including annual reports and audited financial statements, and in a substantial sand-mining dispute over the wrongful termination of a mining agreement, engaging fundamental breach, section 40 of the Contracts Act 1950, the COVID-19 temporary-measures legislation, the forfeiture of deposits, rehabilitation costs, mining beyond the permitted depth, and arguments on lifting the corporate veil and alter ego.

The firm's private-client and procedural work is substantial. It has litigated a contested intestate estate, converting an originating summons to a writ under Order 72 of the Rules of Court 2012 where land had been transferred to a son's nominee, raising misrepresentation, illusory consideration, section 340 of the National Land Code and a resulting trust, and a dispute over the validity of a will and whether a customary marriage had been proved by oral and documentary evidence. It has argued the correction of a clerical mistake in a consent order under the slip rule in Order 20 Rule 11, and the limits of the court's inherent jurisdiction under Order 92 Rule 4, which is not a licence to bypass written procedure or to obtain final relief such as a mandatory injunction before trial. On the criminal side it has appeared in an appeal raising whether an appellant who pleaded guilty may appeal against conviction, the settled position under section 305 of the Criminal Procedure Code being that no such appeal lies save as to the extent or legality of sentence. The reported profile is that of a broad litigation practice across corporate, contract, estate and criminal fields.