Rajes Hisham Rahim & Gopal

On the court record

Rajes Hisham Rahim & Gopal is a Malaysian firm whose reported matters before the High Court (Mahkamah Tinggi) and the Court of Appeal (Mahkamah Rayuan) are concentrated in banking, civil procedure and land-security litigation. In the banking field it has acted for lenders in summary-judgment applications on guarantees under Order 14 of the Rules of Court 2012, where the burden lies on the defendant to show a triable issue and bare allegations or a general denial of the debt will not suffice, and in a further Order 14 matter on a facilities agreement and guarantee where it was argued that resignation from the board or a variation of the facility raised no bona fide defence. It has also appeared in an application for an order for the sale of land under section 256 of the National Land Code, where the plaintiff was a lien-holder who had registered a lien-holder's caveat and obtained judgment on the borrower's default.

The firm's civil-procedure work includes an appeal against the striking out of a counterclaim under Order 18 Rule 19 of the Rules of Court 2012, testing whether the counterclaim disclosed a reasonable cause of action or was frivolous and vexatious, and an application for leave to execute a judgment under Order 46 Rule 2, raising whether the judgment had been superseded by a settlement agreement and the principles governing the grant of such leave and appellate interference with the decision below.

The reported profile is that of a banking and civil-litigation practice engaged with the enforcement of guarantees and secured lending, the summary-judgment and order-for-sale machinery on which recovery depends, and the procedural questions, striking out, leave to execute and the effect of a settlement, that determine whether and how a judgment is enforced. The firm's caseload reflects work primarily for financial institutions and secured creditors pursuing recovery through the courts.