Ahmad Terrirudin bin Mohd Salleh

On the judicial record

A record of recent apex-level reasoning across the effect of a winding up on quantum and liquidators' powers under the Companies Act 2016, Order 53 judicial review of Industrial Court awards, and the waiver of arbitration clauses.

Ahmad Terrirudin bin Mohd Salleh sits in the Federal Court, the apex court of Malaysia, and this collection gathers recent final appellate decisions across commercial, insolvency and public law. Insolvency and company law form a strong strand: whether the winding up of a company after a liability judgment in its favour but before the assessment of quantum limits the damages recoverable, and the scope of a liquidator's powers and liabilities under the Companies Act 2016, including whether one joint liquidator may act alone. Administrative law is engaged through judicial review of an Industrial Court award, testing procedural impropriety, irrationality, illegality and proportionality and the adequacy of the statement filed under Order 53 of the Rules of Court 2012. Arbitration features through whether a party, by its conduct and an express reservation, waived an arbitration clause or was entitled to an extension of time, applying a holistic approach to the question of election. Commercial contract is addressed through the construction of a commercial guarantee and principles such as contra proferentem and generalia specialibus and the effect of post-formation conduct. Because the Federal Court sits in panels and its rulings bind the courts below, these decisions settle points of general importance rather than merely resolving the dispute at hand. Private individuals are referred to by role; corporate, governmental, media and statutory parties are named. A recurring concern is the orderly conduct of commercial and insolvency processes — when a liquidator may act, how quantum survives a winding up, when a right to arbitrate is lost — and the supervision of the tribunals below through judicial review. The collection is a valuable record of recent apex-level reasoning across insolvency, administrative law, arbitration and commercial contract, and of the principles the apex court is settling for the courts below in each of these fields.