Ayleswary a/p Bathamanathan
About Ayleswary a/p Bathamanathan
Ayleswary a/p Bathamanathan appears as counsel of record in 4 reported Malaysia judgments (2024–2025). These were heard before MYCOA (2) and MYHC (2).
On the court record
Ayleswary a/p Bathamanathan's reported practice is in tort, personal-injury and employment litigation, largely on appeal, appearing in the High Court and the Court of Appeal and acting for respondents and appellants.
A notable strand is highway-negligence litigation. In related Court of Appeal matters, in which she acted for respondents, the claims arose from a death on a highway and were brought against a highway concessionaire and its maintenance contractor. The appeals engaged the statutory and common-law duty to maintain and keep the highway in good repair under the Federal Roads (Private Management) Act 1984, the non-delegable nature of that duty, whether the concessionaire's patrol arrangements amounted to reasonable care, and the limits of appellate intervention in the trial court's findings.
She also appears in road-accident litigation. Acting for an appellant in a High Court appeal from the Sessions Court, delivered in Bahasa Malaysia, the court allowed part of the plaintiff's appeal, finding the first defendant wholly liable for the accident ("defendan pertama didapati bertanggungan 100%") while maintaining the dismissal of the claim against the second and third defendants.
Her employment work includes an appeal from the Industrial Court. Acting for an appellant in a matter concerning Lotuss Stores (Malaysia) Sdn Bhd, the appeal challenged the Industrial Court's dismissal of a claim, on whether the sexual-misconduct ground relied on for the dismissal had in fact been committed, and whether the Industrial Court had wrongly acted on evidence that was hearsay and therefore inadmissible. Taken together, the practice is tort, personal-injury and employment litigation, weighted towards the appellate testing of findings of liability — whether the duty owed by a concessionaire was breached, how liability for an accident should be apportioned, and whether the ground for a dismissal was properly established on admissible evidence. In each, the appellate court is asked to revisit a finding reached below and to decide whether it can stand.
How many cases has Ayleswary a/p Bathamanathan appeared in?
Ayleswary a/p Bathamanathan appears as counsel of record in 4 reported Malaysia judgments (2024–2025).
Which courts does Ayleswary a/p Bathamanathan appear in?
Ayleswary a/p Bathamanathan appears before MYCOA (2) and MYHC (2).
What does Ayleswary a/p Bathamanathan focus on in these decisions?
Tort, personal-injury and employment litigation, largely on appeal. Her matters include Court of Appeal highway-negligence claims against a concessionaire and its contractor, a road-accident appeal on liability, and an appeal from the Industrial Court concerning a dismissal, in a matter involving Lotuss Stores (Malaysia) Sdn Bhd.
What did the highway-negligence appeals concern?
Claims arising from a death on a highway against a highway concessionaire and its maintenance contractor, engaging the statutory and common-law duty to maintain the highway under the Federal Roads (Private Management) Act 1984, whether that duty was non-delegable, whether the patrol arrangements amounted to reasonable care, and the limits of appellate intervention. She acted for respondents.
What was the Industrial Court appeal about?
An appeal against the Industrial Court's dismissal of a claim in a matter involving Lotuss Stores (Malaysia) Sdn Bhd, on whether the sexual-misconduct ground relied on for the dismissal had in fact been committed, and whether the Industrial Court had wrongly acted on evidence said to be hearsay and inadmissible. She acted for an appellant.