HR Dipendra
About HR Dipendra
HR Dipendra appears as counsel of record in 5 reported Malaysia judgments (2023–2026). These were heard before MYCOA (3) and MYHC (2).
On the court record
HR Dipendra's reported practice is broad commercial and civil litigation, with recurring work in defamation, arbitration-related relief, employment confidentiality and company disputes, argued mainly in the Court of Appeal and the High Court.
One notable matter is a Court of Appeal defamation appeal in which he acted for the respondent. The claim concerned an anonymous digital "poison pen" letter circulated by email and WhatsApp, and it turned on the presumption of publication under section 114A(3) of the Evidence Act 1950 and the meaning of material that "originates from" a person. The court treated the metadata and circumstantial evidence as insufficient and dismissed the appeal.
A second strand is the interface between litigation and arbitration. Acting for a plaintiff, Shell Malaysia Trading Sdn Bhd, he sought interim injunctive relief from the High Court in aid of contemplated arbitration under sections 11 and 19J of the Arbitration Act 2005, where the court examined the applicable test, including whether the applicant had shown a serious issue to be tried and whether the dispute fell within the arbitration.
He also handles employment and confidentiality litigation. Acting for a respondent in a Court of Appeal matter involving OTL Asia Sdn Bhd, the appeal concerned the continuing post-employment duty of confidentiality and fidelity and the application of the three elements of breach of confidence drawn from the Coco v A N Clark line of authority — the confidential nature of the information, an obligation of confidence, and unauthorised use to the claimant's detriment.
His company work includes acting for respondents in a matter concerning the alleged misuse of the winding-up process and statutory remedies under section 351 of the Companies Act 2016, and acting for an applicant in a discovery dispute under Order 24 of the Rules of Court 2012 involving the Thai Odyssey group, where inordinate delay and the relevance and necessity of the documents were in issue. The practice spans reputation, contract, employment and company litigation.
How many cases has HR Dipendra appeared in?
HR Dipendra appears as counsel of record in 5 reported Malaysia judgments (2023–2026).
Which courts does HR Dipendra appear in?
HR Dipendra appears before MYCOA (3) and MYHC (2).
What kinds of disputes does HR Dipendra handle?
Broad commercial and civil litigation, including a digital defamation appeal, interim relief in aid of arbitration for Shell Malaysia Trading Sdn Bhd, an employment-confidentiality appeal involving OTL Asia Sdn Bhd, a winding-up misuse matter under section 351 of the Companies Act 2016, and a discovery application under Order 24 of the Rules of Court 2012.
What was the arbitration-related matter about?
Acting for Shell Malaysia Trading Sdn Bhd, he sought interim injunctive relief from the High Court in support of contemplated arbitration under sections 11 and 19J of the Arbitration Act 2005. The court considered the applicable test, including whether there was a serious issue to be tried and whether the opposing arguments fell within the scope of the arbitration.
What is the Coco v A N Clark test referred to in the employment appeal?
It is the three-part test for breach of confidence: that the information has the necessary quality of confidence, that it was imparted in circumstances importing an obligation of confidence, and that there was unauthorised use of it to the detriment of the party who communicated it. The Court of Appeal applied it to a former employee's continuing duty of confidentiality.