Shaikh David & Co

On the court record

Shaikh David & Co appears in the reported judgments as a civil-procedure and commercial-litigation practice, working entirely in the High Court (Mahkamah Tinggi) and acting most often for plaintiffs. Civil procedure is by far the most frequent theme in its corpus. Its work includes summary judgment under Order 14 of the Rules of Court 2012, argued around the distinction between primary and secondary evidence, in matters involving an investment company; the amendment of a writ and statement of claim to introduce new parties; and the determination of discrete questions of law and fact under Order 33 rules 2 and 5, in a dispute between an offshore company and its insurers. It also appears in originating-summons proceedings raising insolvency questions — including the conversion of a members' voluntary winding-up and issues under section 38(1)(a) of the Insolvency Act, and whether the sanction of the Director General of Insolvency is required and the effect of naming that office as a party. The firm's contract and remedies work rounds out a docket built on the procedural architecture of commercial litigation. The counterparties in the corpus include engineering and fabrication companies such as Dynac Sdn Bhd and THHE Fabricators Sdn Bhd, an investment company, and insurers including Etiqa General Insurance Berhad and QBE Insurance. Acting predominantly as plaintiff's counsel, and with an emphasis on the interlocutory and summary-disposal stages of litigation — summary judgment, amendment, and the determination of preliminary questions under Order 33 — the firm presents as a practice whose strength lies in moving commercial disputes efficiently through the civil-procedure system, complemented by contract, remedies and insolvency work. Its use of Order 33 to have discrete questions of law or fact tried in advance is a notable feature, allowing a dispute — such as one between an offshore operator and its insurers over the scope of cover — to be narrowed or resolved without the cost of a full trial. The insolvency originating summonses, engaging the Insolvency Act and the sanction of the Director General of Insolvency, show the same procedural focus applied to the winding-down of companies and the marshalling of their affairs.