Dato' Cyrus Das

On the court record

Dato' Cyrus Das appears in the reported corpus as senior appellate counsel in commercial disputes, with contract, trusts and shareholder matters among the reported appearances at the Court of Appeal and Federal Court. His contract work is visible in a Court of Appeal appeal on privity of contract and novation, where the appellant's original contract with Kuala Lumpur City Hall had been novated to a concessionaire, Alam Flora Sdn Bhd, so that there was no direct contractual relationship between the appellant and the government respondents, with a "no privity" clause in the concession agreement in issue. His work on trusts and shares appears in an appeal on whether the appellant was a beneficiary of shares in a company and whether he had breached a trust deed in the mode of payment towards the acquisition of shares registered in another's name.

His reported work also reaches the interplay between corporate agreements and individual claims. In a Court of Appeal matter concerning a dispute over the shares of a joint-venture company, where corporate entities had signed a shareholders' agreement to govern their relationship, the question was whether, on the evidence, an individual could assert the existence of a "collateral understanding" alongside the written agreement. At the Federal Court he was engaged as respondent's counsel in a matter concerning the consent of the Minister of Finance under section 67 of the Insurance Act 1996 and the effect of its repeal by the Financial Services Act 2013. Across these reported decisions his work concentrates on the appellate resolution of commercial disputes — privity and novation, trusts over shares, and the boundary between a written shareholders' agreement and an alleged collateral understanding — marking Dato' Cyrus Das as senior counsel in commercial and corporate appeals. The reported matters, concentrated at the Court of Appeal and Federal Court and turning on privity, novation, trusts over shares and the reach of a shareholders' agreement, mark the practice of senior counsel engaged in the appellate resolution of substantial commercial and corporate disputes.