Datuk DP Naban
About Datuk DP Naban
Datuk DP Naban appears as counsel of record in 4 reported Malaysia judgments (2023–2025). These were heard before MYHC (3) and MYFC (1).
On the court record
Datuk DP Naban's reported practice is in commercial and company litigation, appearing in the High Court, the Court of Appeal and the Federal Court and acting for plaintiffs, defendants and respondents.
His civil-procedure work includes a High Court matter concerning RHB Trustees Berhad, Sunway REIT Management Sdn Bhd and Sunway Education Group Sdn Bhd, in which he acted for plaintiffs on an application to amend the writ and statement of claim and to join further companies as defendants, met by a preliminary objection that the application was procedurally improper.
At the Federal Court he acted for a respondent in a matter concerning The New Straits Times Press (Malaysia) Berhad and a counterparty, on the construction of an endeavours obligation in a commercial contract, applying principles of construction including contra proferentem and generalia specialibus and the relevance of post-formation conduct.
A distinct strand is the Fortuna injunction. Acting for a defendant in a matter concerning Nautilus Tug & Towage Sdn Bhd, he was engaged on whether a statutory demand under the Companies Act 2016 was an abuse of process where the debt was disputed and civil proceedings were pending, and whether a Fortuna injunction should be granted to restrain the presentation of a winding-up petition despite a pending civil suit and an arbitration-stay application.
He has also acted for a defendant in a summary-judgment matter concerning Asian Kitchen (M) Sdn Bhd and Menara Kuala Lumpur Sdn Bhd, on whether a defendant has an unfettered right to apply for summary judgment on a counterclaim under Order 14 rule 5 of the Rules of Court 2012, the counterclaim being an independent action based on a tenancy while the main action concerned a tender to operate a restaurant. The practice is commercial and company litigation, spanning pleadings and joinder, contract construction, winding-up restraint and summary judgment.
How many cases has Datuk DP Naban appeared in?
Datuk DP Naban appears as counsel of record in 4 reported Malaysia judgments (2023–2025).
Which courts does Datuk DP Naban appear in?
Datuk DP Naban appears before MYHC (3) and MYFC (1).
What does Datuk DP Naban focus on in these decisions?
Commercial and company litigation. His matters include an amendment and joinder application involving RHB Trustees Berhad and Sunway entities, a Federal Court contract-construction appeal concerning The New Straits Times Press (Malaysia) Berhad, a Fortuna injunction matter involving Nautilus Tug & Towage Sdn Bhd, and a summary-judgment dispute involving Asian Kitchen (M) Sdn Bhd and Menara Kuala Lumpur Sdn Bhd.
What was the Fortuna injunction matter about?
Acting for a defendant in a matter concerning Nautilus Tug & Towage Sdn Bhd, whether a statutory demand under the Companies Act 2016 was an abuse of process where the debt was disputed and civil proceedings were pending, and whether a Fortuna injunction should be granted to restrain the presentation of a winding-up petition despite a pending civil suit and an arbitration-stay application.
What was the Federal Court contract matter about?
A matter concerning The New Straits Times Press (Malaysia) Berhad and a counterparty, in which he acted for a respondent, on the construction of an endeavours obligation in a commercial contract — applying principles of construction such as contra proferentem and generalia specialibus and considering the relevance of post-formation conduct.