Robert Low & Ooi

On the court record

Robert Low & Ooi is a Malaysian firm whose reported matters before the High Court (Mahkamah Tinggi) and the Court of Appeal (Mahkamah Rayuan) span company, employment-related judicial review, land and civil procedure. In the corporate field it has appeared in an assessment of damages in a minority-oppression matter under section 181 of the Companies Act 1965, addressing the scope of assessment proceedings following a conclusive finding of liability upheld at all three judicial levels, and whether the assessment court may revisit an entitlement already determined at the liability stage. It has also argued the disposal of a case on a point of law under Orders 14A and 33 of the Rules of Court 2012, on whether the plaintiffs were competent to proceed as a representative action.

The firm's public-law and land work includes judicial reviews of Industrial Court awards in dismissal-without-just-cause matters referred under section 20(3) of the Industrial Relations Act, raising whether section 29(a) may be used to substitute or join a non-employer entity and whether the Industrial Court may disregard separate legal personality to secure an employee remedy, and appeals over whether sale and purchase transactions were sham transactions disguising illegal moneylending. It has also appeared in a fortuna injunction matter engaging statutory demands under sections 465 and 466 of the Companies Act 2016, and whether a debt was bona fide disputed on substantial grounds.

In the third-party disclosure matter the firm engaged the objection to an affidavit filed in support of an application for the disclosure of documents, a further example of the interlocutory contests that shape the course of a commercial trial. The reported profile is that of a commercial-litigation practice engaged with the oppression remedy and the assessment of damages, the boundaries of representative actions, industrial-relations judicial review and the separate legal personality of employers, and the land and insolvency questions that recur in commercial disputes, with a consistent attention to the finality of prior findings and the proper scope of each proceeding.