Alan Adrian Gomez

On the court record

A general civil-litigation practice with a distinctive public-authority and procedural-fairness strand, across the High Court and Court of Appeal.

Alan Adrian Gomez practises in civil litigation, appearing across the Court of Appeal (Mahkamah Rayuan) and the High Court (Mahkamah Tinggi). The reported decisions describe a general civil practice with a recurring public-authority dimension. Several matters engage the State and its agencies — including a dispute under the Federal Roads Act 1959 and the question whether the Attorney General is immune from civil action in respect of the conduct of a prosecution — so the practice reaches the boundary between private claims and the liability of public officers.

The private-law side is broad. The reported catchwords engage a stay of execution of a money judgment, bankruptcy proceedings, land disputes, negligence and tenancy questions, together with allegations of a real danger of bias on the part of a trial court — a challenge to the fairness of the process itself. Appearing as appellant, plaintiff and respondent, the practice is instructed on both sides of civil disputes and in matters where the conduct or immunity of a public authority is in issue.

The work turns on the interpretation of statute and on the principles of civil procedure and tort. In the public-authority matters the argument concerns the reach of statutory powers and immunities; in the bias matters the test for apparent bias and the fairness of the trial; and in the negligence, land and tenancy matters the standard of conduct and the parties' respective rights. Several matters reach the Court of Appeal on questions arising from a full trial in the High Court.

The overall profile is a general civil-litigation practice conducted at first instance and on appeal, with a distinctive strand of public-authority and procedural-fairness work. The matters turn on statutory interpretation, the immunities and liabilities of public officers, and the principles of civil procedure and tort, rather than on any criminal dimension, marking a practice that spans private disputes and the accountability of the State.