Rajashree

On the court record

Rajashree is a Malaysian firm whose reported matters before the High Court (Mahkamah Tinggi), the Court of Appeal (Mahkamah Rayuan) and the Federal Court (Mahkamah Persekutuan) span company, arbitration, contract, estate, banking and intellectual-property litigation. In the corporate field it has appeared in minority-oppression litigation under section 346 of the Companies Act 2016 combined with committal proceedings for contempt, raising whether the absence of a penal notice under Order 45 Rule 7(4) of the Rules of Court 2012 was fatal to an application to commit for alleged non-compliance with a Court of Appeal discovery order. It has also argued, at the Federal Court, the joint and several liability of a company's directors under section 46 of the Employees Provident Fund Act 1991 and whether a suit may be instituted against directors independently of the company.

The firm's commercial practice is wide. It has appeared in an arbitration appeal on the arbitrator's authority under section 21(3)(b) of the Arbitration Act 2005 and the expertise to analyse the evidence without breaching natural justice, a quantum meruit claim for ad-hoc services under section 71 of the Contracts Act 1950 where there was no contractual agreement, and summary-judgment matters on a banking certificate of indebtedness and on the alleged infringement of software copyright, testing the existence of a serious issue to be tried. It has also litigated an estate dispute over the appointment of joint administrators and the validation of a gift (hibah).

In the summary-judgment matters the firm engaged whether a banking certificate of indebtedness disclosed any manifest error and whether the ownership of software copyright had been sufficiently pleaded to raise a serious issue to be tried. The reported profile is that of a broad commercial-litigation practice comfortable across company, insolvency-adjacent, arbitration, contract, banking, estate and intellectual-property fields, engaged with the procedural and substantive questions, from penal notices and directors' statutory liability to arbitral authority and summary judgment, that decide such disputes across all three tiers of the civil courts.