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Gavin Jayapal

Gavin Jayapal Called to the Bar in 2012 4 appearances

About Gavin Jayapal

Gavin Jayapal appears as counsel of record in 4 reported Malaysia judgments (2024–2025). These were heard before MYHC (2) and MYCOA (2).

On the court record

Gavin Jayapal's reported practice is in commercial, construction and company litigation, appearing in the High Court and the Court of Appeal and acting for plaintiffs, defendants, appellants and respondents.

His construction work includes a High Court matter concerning Lebas Technologies Sdn Bhd and Malaysian Bio-XCell Sdn Bhd (in liquidation), in which he acted for a defendant. The plaintiff sought, under section 41 of the Specific Relief Act 1950, a declaration that a performance bond sum of RM5,346,550.00 deposited with the defendant was trust property and that the defendant held it as a constructive trustee — a dispute over the status of security money once a project relationship has broken down.

His contract work includes related Court of Appeal matters concerning Tect Huat Development Sdn Bhd and a group of individuals, in which he acted for an appellant and then a respondent. The appeals concerned the alleged unlawful termination of a joint venture agreement and a supplementary agreement, turning on whether there had been a valid extension of time and, in particular, whether a party had ostensible authority to sign the supplementary agreement that was returned and sent by WhatsApp.

He also handles conspiracy and fiduciary litigation. Acting for plaintiffs, including Bangsar Trade Centre Sdn Bhd and Twin Pavilion Development Sdn Bhd, he pursued a claim in unlawful-means conspiracy, engaging the essential elements of the tort — an agreement to injure and unlawful acts in furtherance causing damage — together with breach of fiduciary duty, constructive trust, tortious interference with business, and the res judicata and Henderson v Henderson bar against relitigating the same issues. The practice is commercial, construction and company litigation, with a recurring focus on security, contractual authority and the proof of a conspiracy. The disputes typically arise once a commercial or construction relationship has broken down, and turn on who is entitled to money held as security, whether an agreement was validly made or ended, and whether a wrong was the product of concerted action.

4
Appearances
2012
Year of Call
1
Firm
No
Senior Counsel

How many cases has Gavin Jayapal appeared in?

Gavin Jayapal appears as counsel of record in 4 reported Malaysia judgments (2024–2025).

Which courts does Gavin Jayapal appear in?

Gavin Jayapal appears before MYHC (2) and MYCOA (2).

What does Gavin Jayapal focus on in these decisions?

Commercial, construction and company litigation. His matters include a performance-bond and constructive-trust dispute concerning Lebas Technologies Sdn Bhd and Malaysian Bio-XCell Sdn Bhd (in liquidation), a joint venture termination appeal concerning Tect Huat Development Sdn Bhd, and an unlawful-means conspiracy claim brought by Bangsar Trade Centre Sdn Bhd and Twin Pavilion Development Sdn Bhd.

What was the performance-bond matter about?

In a matter concerning Lebas Technologies Sdn Bhd and Malaysian Bio-XCell Sdn Bhd (in liquidation), in which he acted for a defendant, whether a performance bond sum of RM5,346,550.00 deposited with the defendant was trust property held by the defendant as a constructive trustee, sought under section 41 of the Specific Relief Act 1950.

What was the joint venture appeal about?

Related Court of Appeal matters concerning Tect Huat Development Sdn Bhd on the alleged unlawful termination of a joint venture agreement and a supplementary agreement, turning on whether there was a valid extension of time and whether a party had ostensible authority to sign the supplementary agreement that was returned and sent by WhatsApp. He acted for an appellant and then a respondent.

Practice Areas (from case appearances)

Counsel Defendant (1)

Counsel Appellant (1)

Counsel Respondent (1)

Counsel Plaintiff (1)