Dato' K. Kirubakaran
About Dato' K. Kirubakaran
Dato' K. Kirubakaran appears as counsel of record in 5 reported Malaysia judgments (2024–2026). These were heard before MYCOA (3) and MYHC (2).
On the court record
Dato' K. Kirubakaran's reported practice sits in commercial and civil litigation, with a strong focus on company disputes and the procedural machinery that surrounds them. He appears at both first instance in the High Court and on appeal in the Court of Appeal, and across the matters he acts variously for defendants, appellants and respondents.
One strand is the management of related litigation. In a High Court matter he acted for the defendant on an application under Order 57 of the Rules of Court 2012 to transfer proceedings to a High Court already managing related proceedings. The court examined whether there was substantial factual overlap, whether a transfer would promote convenience, fairness and the interests of justice, and whether the risk of a multiplicity of proceedings and inconsistent findings justified coordinated judicial management, while distinguishing transfer from consolidation and asking whether differing causes of action precluded transfer.
A second and recurring strand is minority oppression. He appeared in the Court of Appeal in the litigation concerning CJ Polymers Sdn Bhd, appearing as both appellant's and respondent's counsel across the related appeals, on issues that included whether the removal of a member from management with shares locked in was oppressive, whether a pending misconduct suit against the minority barred an oppression action, whether a sale of shares to a new investor terminated a quasi-partnership on the facts, and whether a valuation expert ought to be cross-examined where the original buyout order did not so provide.
He has also acted in property litigation, appearing for the defendant in a suit over a sale and purchase agreement in which the vendor alleged misrepresentation by the purchaser and sought termination and the return of the property, with the court considering whether a prima facie case of misrepresentation was established and where the burden of proof lay. Taken together, the practice is company, contract and civil-procedure litigation, argued through to the appellate level.
How many cases has Dato' K. Kirubakaran appeared in?
Dato' K. Kirubakaran appears as counsel of record in 5 reported Malaysia judgments (2024–2026).
Which courts does Dato' K. Kirubakaran appear in?
Dato' K. Kirubakaran appears before MYCOA (3) and MYHC (2).
What kinds of cases does Dato' K. Kirubakaran handle in these decisions?
Commercial and civil litigation, with an emphasis on company disputes — including the minority-oppression appeals concerning CJ Polymers Sdn Bhd in the Court of Appeal — together with property and contract claims and procedural applications such as a transfer of proceedings under Order 57 of the Rules of Court 2012.
What was in issue in the transfer-of-proceedings application?
Whether proceedings should be transferred to a High Court already managing related proceedings under Order 57 of the Rules of Court 2012. The court weighed the degree of factual overlap, the convenience and fairness of a transfer, the risk of a multiplicity of proceedings and inconsistent findings, and the distinction between transfer and consolidation.
In what role did he appear in the CJ Polymers Sdn Bhd appeals?
He appeared in the Court of Appeal across the related oppression appeals, acting as both appellant's and respondent's counsel depending on the particular appeal, on questions of whether the conduct complained of was oppressive and what remedy, including a buyout, was appropriate.