Law Chambers of Vin Sa & Ian

On the court record

Law Chambers of Vin Sa & Ian is a Malaysian firm whose reported matters before the High Court (Mahkamah Tinggi) span property, company, tort and construction litigation. In the property field it has acted for purchasers and management bodies in disputes with developers, including a joinder application by a joint management body to add parcel proprietors as co-plaintiffs in an action over defects in common property, and a claim founded on misrepresentation in a sales brochure, the non-completion of common facilities such as a rooftop garden and swimming pool, and the late delivery of vacant possession. Its company work includes a winding-up petition under section 465(1)(f) and (h) of the Companies Act 2016 resisted as a drastic and disproportionate remedy, described as an overkill or sledgehammer remedy and an abuse of process where the company was solvent and a going concern.

The firm has also litigated in tort and construction. It has appeared in a negligence claim (kecuaian) arising from flood damage attributed to a flood-mitigation construction project, engaging the duty of care, breach and causation, and in a full-trial dispute over the delivery of gold under a gold sale and purchase agreement, where the documentary evidence and the parties' conduct showed that the plaintiffs were never parties to the contract. It has argued a redemption and discharge-of-charge dispute engaging sections 241 and 338 of the National Land Code, privity, dual representation and a solicitor's authority, and applications under Order 33 of the Rules of Court 2012 for the determination of points of law including limitation. In the gold sale and purchase matter the court, after a full trial, held on the documentary evidence and the parties' conduct that the plaintiffs had never been contracting parties to the agreement they sought to enforce. The reported profile is that of a property and commercial-litigation practice engaged with developer liability, the winding-up remedy and its abuse, and the tort, construction and land questions that surround real-estate transactions.