Abraham Au
About Abraham Au
Abraham Au appears as counsel of record in 4 reported Malaysia judgments (2023–2026). These were heard before MYHC (2), MYCOA (1) and MYFC (1).
On the court record
Abraham Au's reported practice is in commercial and company litigation, with a strong civil-procedure and securities dimension, appearing in the High Court, the Court of Appeal and the Federal Court and acting for defendants and appellants.
His civil-procedure work includes a High Court matter involving the 1Utama City group, in which he acted for a defendant on the striking out and expungement of evidence and on the confidentiality of mediation, raising the application of the Mediation Act 2012 to judge-led mediations, whether the exceptions to the without-prejudice rule apply to mediation, and the effect of a partial settlement of issues.
He also handles settlement-agreement disputes on appeal. Acting for appellants in a Court of Appeal matter involving Dyera-Tim Sdn Bhd, the case concerned a settlement agreement and a supplementary agreement met by allegations of fraud, coercion, intimidation and undue influence, together with a web of procedural questions under the Rules of the Court of Appeal 1994 — non-compliance with filing rules, extension of time, and the striking out of motions.
His securities work reaches the Federal Court. Acting for an appellant, he was engaged on a significant question of insider-trading liability under section 89E of the Securities Industry Act — whether an intent to use inside information is a required mental element, or whether liability is strict on proof of mere possession, or whether it suffices that the defendant knew the information was not generally available, and the relevant time at which the materiality of the information is to be assessed.
He has also acted for a defendant on a striking-out application in an oppression action concerning the Koh Heng Jin Holdings group, on whether an executor of a deceased's estate had locus standi to continue the action and whether the relief sought was academic. The practice is commercial, company, procedural and securities litigation.
How many cases has Abraham Au appeared in?
Abraham Au appears as counsel of record in 4 reported Malaysia judgments (2023–2026).
Which courts does Abraham Au appear in?
Abraham Au appears before MYHC (2), MYCOA (1) and MYFC (1).
What does Abraham Au focus on in these decisions?
Commercial and company litigation with a strong civil-procedure and securities element. His matters include a mediation-confidentiality dispute involving the 1Utama City group, a settlement-agreement appeal involving Dyera-Tim Sdn Bhd, a Federal Court insider-trading appeal, and a striking-out application in an oppression action concerning the Koh Heng Jin Holdings group.
What insider-trading question reached the Federal Court?
Whether liability for insider trading under section 89E of the Securities Industry Act requires an intent to use the inside information as the mental element, or whether it is strict on proof of mere possession, or whether it suffices that the defendant knew the information was not generally available — and the relevant time at which the materiality of the information is to be assessed. He acted for an appellant.
What was the mediation-confidentiality dispute about?
In a High Court matter involving the 1Utama City group, in which he acted for a defendant, the striking out and expungement of evidence and the confidentiality of mediation — including whether the Mediation Act 2012 applies to judge-led mediations, whether the exceptions to the without-prejudice rule apply to mediation, and the effect of a partial settlement of issues.