Alicia Gomez

On the court record

Alicia Gomez appears in the reported corpus as a commercial and company litigator, with winding up, discovery, competition law and shareholder disputes among the reported matters at the High Court and Court of Appeal. Her insolvency work is visible in a petisyen penggulungan (winding-up petition) argued on a judgment in Bahasa Malaysia, where the question was whether the petition could be struck out or stayed pending the resolution of related High Court suits in Shah Alam and Kuala Lumpur to which the petitioner was not a party, engaging the principle of privity of contract. A recurring feature of her reported work is pre-trial discovery: she was engaged in applications for the discovery of documents under Order 24 of the Rules of Court 2012 — including specific discovery under rules 7, 12 and 16 — to substantiate claims of breach of fiduciary duty and of an "arrangement" between promoters.

Her reported work also reaches competition law and shareholder disputes. She was engaged as appellant's counsel in a Court of Appeal matter which upheld that a proposed decision of the Malaysian Competition Commission under section 36 of the Competition Act 2010 is subject to judicial review, the reported reasons holding that sections 35 to 40 of the Act do not provide a statutory appeal. In a company matter she appeared on a striking-out application in an oppression claim brought by majority shareholders, concerning discussions between promoters, an alleged arrangement made during incorporation, the diversion of business from the company and the locus standi of majority shareholders in control of the board. Across these reported decisions her work moves between winding up, the machinery of discovery, competition-law judicial review and shareholder litigation, marking Alicia Gomez as a commercial and company litigator of broad range. Across these reported decisions the recurring thread is the machinery through which a commercial or shareholder grievance is advanced or defeated — a winding-up petition, an application for discovery, a striking-out, a challenge to a regulator's decision — marking a practice rooted in the procedural as much as the substantive side of commercial litigation.