Mervyn Lai Wei Shiung
About Mervyn Lai Wei Shiung
Mervyn Lai Wei Shiung appears as counsel of record in 4 reported Malaysia judgments (2025–2026). These were heard before MYCOA (3) and MYHC (1).
On the court record
The reported matters span constitutional torts, competition-law review and judicial recusal, grounded in High Court and Court of Appeal judgments rather than any ranking.
Mervyn Lai Wei Shiung's reported matters reach some of the more consequential public-law and commercial questions in the corpus, argued in the High Court and the Court of Appeal. A significant constitutional-tort decision considered whether the Attorney General is immune from civil action where prosecutorial discretion is said to have been abused, whether a misfeasance action was premature, and whether the courts should recognise a tort of malicious process. Appearing for the respondent, the Court of Appeal held that the Malaysian courts should not recognise the tort of malicious process against a person in the office of Attorney General and Public Prosecutor.
Competition law features prominently. In an appeal concerning a proposed decision of the Malaysian Competition Commission under section 36 of the Competition Act 2010, he appeared for the appellant; the Court of Appeal upheld the High Court's conclusion that such a proposed decision is subject to judicial review, an important point on the reviewability of a regulator's process.
Judicial independence and civil litigation complete the profile. In a further Court of Appeal matter alleging a real danger of bias arising from findings in a trial judge's grounds, coupled with a striking-out application under Order 18 rule 19 of the Rules of Court, he appeared for the appellant; the Court ordered that the judge be recused from all future proceedings and the trial, with costs of RM30,000 here and below. In a High Court dispute over the sale and purchase of land at Taman Duta between prospective purchasers and the registered owner, he acted for a defendant on interlocutory questions, the Court ordering costs of RM3,000 and directing the filing of a reply. A thread across these decisions is the supervision of public and judicial power, from the immunity of prosecutors to the reviewability of a regulator and the recusal of a judge, argued at the appellate level.
How many cases has Mervyn Lai Wei Shiung appeared in?
Mervyn Lai Wei Shiung appears as counsel of record in 4 reported Malaysia judgments (2025–2026).
Which courts does Mervyn Lai Wei Shiung appear in?
Mervyn Lai Wei Shiung appears before MYCOA (3) and MYHC (1).
What kinds of matters appear in Mervyn Lai Wei Shiung's reported cases?
They include a constitutional-tort question about the immunity of the Attorney General and whether a tort of malicious process should be recognised, a competition-law appeal on the reviewability of a regulator's proposed decision, a judicial-recusal and bias matter, and a land sale-and-purchase dispute.
What did the Court of Appeal decide about the tort of malicious process?
Appearing for the respondent, the Court held that the Malaysian courts should not recognise the tort of malicious process against a person in the office of Attorney General and Public Prosecutor.
What was the competition-law point on judicial review?
The Court of Appeal upheld the High Court's conclusion that a proposed decision of the Malaysian Competition Commission under section 36 of the Competition Act 2010 is subject to judicial review; he appeared for the appellant.