Jaqdesh Singh Johal
About Jaqdesh Singh Johal
Jaqdesh Singh Johal appears as counsel of record in 4 reported Malaysia judgments (2024–2025). These were heard before MYHC (3) and MYCOA (1).
On the court record
Jaqdesh Singh Johal's reported practice spans arbitration, tort and revenue litigation, appearing in the High Court and the Court of Appeal and acting for plaintiffs, defendants and respondents.
His arbitration work includes related High Court matters concerning PBJV Group Sdn Bhd and Petrofac, in which he acted for a plaintiff and then a defendant, on an application to set aside an arbitral award under section 37 of the Arbitration Act 2005. The application invoked breach of natural justice and public policy and applied the Master Mulia three-stage test, while the court emphasised that a tribunal is not bound by the Evidence Act 1950 under section 19, that the admissibility and weight of evidence lie within the tribunal's discretion, and that challenges to a tribunal's assessment of the evidence fall outside the narrow scope of section 37.
His tort work includes a Court of Appeal matter, in which he acted for a respondent, arising from injuries suffered when a tree fell on a motorcyclist stopped at a traffic-light junction on a federal road. The case concerned the statutory duty to supervise and maintain the road, whether the responsibility had passed to a concessionaire, and whether the fall was an act of God, in a claim against the Public Works Department and the Government.
He also appears in revenue and customs litigation. Acting for a respondent in a matter concerning the Royal Malaysian Customs and a taxpayer, the case concerned an exceptional input tax claim under the goods and services tax regime for expenditure on an enterprise resource planning system, where the Director General of Customs had allowed only part of the claim. The practice is arbitration, tort and revenue litigation, spanning private commercial disputes and challenges involving public authorities. The recurring question is the reach of a statutory duty or a statutory scheme — over an arbitral award, a public road, or a tax claim — and how far a court or tribunal may go in reviewing it.
How many cases has Jaqdesh Singh Johal appeared in?
Jaqdesh Singh Johal appears as counsel of record in 4 reported Malaysia judgments (2024–2025).
Which courts does Jaqdesh Singh Johal appear in?
Jaqdesh Singh Johal appears before MYHC (3) and MYCOA (1).
What areas does Jaqdesh Singh Johal practise in these decisions?
Arbitration, tort and revenue litigation. His matters include an application to set aside an arbitral award involving PBJV Group Sdn Bhd and Petrofac, a highway tree-fall negligence claim against the Public Works Department, and a goods and services tax input-tax dispute involving the Royal Malaysian Customs.
What was in issue in the arbitration matter?
An application to set aside an arbitral award under section 37 of the Arbitration Act 2005 in matters involving PBJV Group Sdn Bhd and Petrofac, invoking breach of natural justice and public policy under the Master Mulia three-stage test. The court stressed that a tribunal is not bound by the Evidence Act 1950 under section 19 and that challenges to its assessment of the evidence fall outside section 37. He acted for a plaintiff and then a defendant.
What was the tree-fall negligence claim about?
A Court of Appeal matter arising from injuries suffered when a tree fell on a motorcyclist stopped at a traffic-light junction on a federal road, concerning the statutory duty to supervise and maintain the road, whether that responsibility had passed to a concessionaire, and whether the fall was an act of God. He acted for a respondent, in a claim against the Public Works Department and the Government.