Shobana M & Associates

On the court record

Shobana M & Associates is a Malaysian firm whose reported matters before the High Court (Mahkamah Tinggi) span company, construction adjudication, housing-development and contract litigation. In the corporate field it has appeared in an application for a Mareva injunction to preserve assets in a minority-shareholder complaint alleging breaches of directors' duties, oppression and mismanagement and unauthorised dealings with company and partnership assets under sections 213 and 346 of the Companies Act 2016 and the Partnership Act 1961, where a sole director managed both company and partnership assets. Its construction practice includes adjudication under the Construction Industry Payment and Adjudication Act 2012, appearing in both the enforcement of an adjudication decision under section 28 and the application to set it aside under section 15, and whether the adjudicator acted in excess of jurisdiction, with the consolidation of the two proceedings in issue.

The firm's housing-development and contract work is substantial. It has appeared in a summary-judgment appeal over the late delivery of vacant possession under a Schedule G statutory sale and purchase agreement, engaging liquidated ascertained damages, the distinction between the full purchase price and the price after rebate, the Housing Development (Control and Licensing) Regulations 1989 and the COVID-19 temporary-measures legislation, and in a further summary-judgment matter on whether proceedings for specific performance or rescission ought to have been commenced under Order 81 and whether a bona fide triable issue arose. It has also argued a limitation defence under section 6 of the Limitation Act 1953 in a loan-contract dispute, and when a cause of action accrues.

In the limitation dispute the firm argued when a cause of action on a loan contract accrues and whether a payment made after breach could revive a claim otherwise time-barred, a point on which the striking-out application turned. The reported profile is that of a commercial and property-litigation practice engaged with asset-preservation injunctions and directors' duties, statutory construction adjudication, and the housing-development and limitation questions that recur in Malaysian property disputes.