Elisa Oyenz Jeson
About Elisa Oyenz Jeson
Elisa Oyenz Jeson appears as counsel of record in 5 reported Malaysia judgments (2024–2025). These were heard before MYCOA (3) and MYHC (2).
On the court record
Elisa Oyenz Jeson's reported practice is in company and commercial litigation, appearing both at first instance in the High Court and on appeal in the Court of Appeal, and acting for plaintiffs, respondents and defendants across the matters.
A recurring theme is corporate governance and shareholder rights. She appeared in the Court of Appeal in a group of related appeals concerning the doctrine of deemed retirement of directors, acting for the respondents. The central question was whether a director due to retire by rotation under a company's articles of association at an impending general meeting can be deemed to have retired once the period within which the meeting ought to have been convened has passed, even though the meeting was not in fact held. The appeals engaged sections 205, 208 and 340 of the Companies Act 2016 and the tension between a deemed-retirement approach and shareholder democracy, and they involved several corporate parties including Grandfoods Sdn Bhd, Granny's Kitchen Sdn Bhd, Lead Enterprises Sdn Bhd and Raub Mining & Development Company Sdn Bhd.
She has also appeared in derivative and standing disputes. In a High Court matter she acted for the plaintiffs on a striking-out application under Order 18 rule 19 of the Rules of Court 2012, where the issues were whether the suit was vexatious, frivolous or an abuse of process, whether it was time-barred under the Limitation Act 1953, and whether the plaintiffs, suing on behalf of a company in liquidation, had locus standi without the liquidator's sanction under the Companies Act 2016.
Her commercial work extends to arbitration. Acting for the defendant, she resisted an application to set aside an arbitral award, where the court held that the public-policy ground disclosed no patent injustice or serious irregularity and that a party which had made a bad bargain could not use public policy to reopen and re-litigate the merits. The practice is company law, civil procedure and arbitration.
How many cases has Elisa Oyenz Jeson appeared in?
Elisa Oyenz Jeson appears as counsel of record in 5 reported Malaysia judgments (2024–2025).
Which courts does Elisa Oyenz Jeson appear in?
Elisa Oyenz Jeson appears before MYCOA (3) and MYHC (2).
What does Elisa Oyenz Jeson focus on in these decisions?
Company and commercial litigation. Her matters include a group of Court of Appeal appeals on the deemed retirement of directors, a striking-out and locus standi dispute over a claim brought on behalf of a company in liquidation, and an application to set aside an arbitral award.
What was the deemed-retirement question in the Court of Appeal appeals?
Whether a director due to retire by rotation under a company's articles can be deemed to have retired once the period for holding the general meeting has passed, even where the meeting was never held. The appeals engaged sections 205, 208 and 340 of the Companies Act 2016 and the concern that a deemed-retirement approach may be inconsistent with shareholder democracy.
What was decided in the arbitration matter?
The court declined to set aside the arbitral award. It held that the public-policy argument disclosed no patent injustice, manifest unlawfulness or serious irregularity, and that a party who had simply made a bad bargain could not invoke public policy to reopen and re-litigate matters already determined by the tribunal.