Dato' J. Shamesh
About Dato' J. Shamesh
Dato' J. Shamesh appears as counsel of record in 5 reported Malaysia judgments (2025). These were heard before MYCOA (3) and MYHC (2).
On the court record
Dato' J. Shamesh appears in the reported decisions as counsel in commercial and corporate litigation before the High Court and the Court of Appeal, moving between the roles of plaintiff's, defendant's and respondent's counsel as the posture of each matter requires. The recurring thread is company and contract disputes fought at the interlocutory and appellate levels rather than only at a single trial.
One strand is procedural strategy. In a High Court suit involving Kenanga Investors Berhad he acted on an application for leave to amend a defence and counterclaim under Order 20 rule 5 of the Rules of Court 2012, where the court applied the three-limb Yamaha Motor test and weighed whether a late amendment made after trial dates had been fixed was bona fide or a tactical manoeuvre, and whether any prejudice could be compensated by costs. That kind of pleadings-stage contest, which decides what a case is allowed to become before it is tried, is characteristic of his commercial practice.
A second strand is company law. He appeared in the Court of Appeal in the minority-oppression litigation concerning CJ Polymers Sdn Bhd, where the issues included whether removing a member from management with shares locked in was oppressive, whether a pending misconduct suit against the minority barred an oppression action, and whether a valuation expert should be subject to cross-examination on a buyout order. He also acted at first instance for a corporate plaintiff, DPI Technology Sdn Bhd, in a dispute over a sale and purchase agreement for leasehold land, framed around an alleged breach of a consent judgment and the vendor's asserted right to terminate and forfeit the deposit.
Across these matters the practice is civil and commercial: company disputes, shareholder remedies, contract and land, and the procedural applications that shape them, argued at both trial and appellate level.
How many cases has Dato' J. Shamesh appeared in?
Dato' J. Shamesh appears as counsel of record in 5 reported Malaysia judgments (2025).
Which courts does Dato' J. Shamesh appear in?
Dato' J. Shamesh appears before MYCOA (3) and MYHC (2).
In what kinds of matters does Dato' J. Shamesh appear in these decisions?
The reported decisions place him in commercial and corporate litigation. They include company disputes such as the minority-oppression proceedings concerning CJ Polymers Sdn Bhd, contract and land claims such as a sale and purchase agreement dispute for DPI Technology Sdn Bhd, and procedural applications such as an amendment of pleadings under Order 20 rule 5 of the Rules of Court 2012. He appears before both the High Court and the Court of Appeal.
What is the Yamaha Motor test referred to in one of his matters?
It is the three-limb test the Malaysian courts apply to a late application to amend pleadings under Order 20 rule 5 of the Rules of Court 2012 — broadly, whether the amendment is bona fide, whether it would cause prejudice that cannot be compensated by costs, and whether it would change the character of the suit. In that matter the court weighed those factors against the fact that the application came after trial dates had been fixed.
Which courts do these matters come from?
They span the High Court, where the contract, land and pleadings matters were heard, and the Court of Appeal, where the CJ Polymers Sdn Bhd oppression appeals were argued.