Mohammad Danial bin Hazizan

On the court record

The reported matters document company-insolvency, caveat and civil-procedure work, grounded in High Court and Court of Appeal judgments.

Mohammad Danial bin Hazizan's reported matters cluster in company and insolvency litigation, with land and civil-procedure work alongside, argued in the High Court and the Court of Appeal. A winding-up decision arose from a petition founded on an unsatisfied judgment debt, where applications were made to stay the winding-up proceedings pending an appeal, engaging sections 465(1)(e), 466(1), 470 and 493 of the Companies Act 2016; appearing for the respondent, the Court dealt with the stay and directed that the costs of the petition be taxed and paid out of the company's assets as costs in the winding up.

A related Court of Appeal matter concerned a joint-venture agreement and a wrongful caveat under section 329(1) of the National Land Code, with a claim for compensation for damage suffered as a result of the caveat, including a developer's additional financing costs. Appearing for the appellant, the Court upheld the High Court's decision and dismissed the appeal with costs.

Civil procedure and debt recovery complete the profile. In a High Court matter he appeared for the plaintiff on the consolidation of suits under Orders 4 and 34 of the Rules of Court 2012, where the questions included common legal representation and abuse of process, and the endorsement of a penal notice on the resulting order. In a further matter concerning a licensed moneylender he acted for a defendant resisting summary judgment and defending a counterclaim, where the dispute turned on whether the moneylender could charge an eight per cent penalty interest. A thread across these decisions is the enforcement and resistance of monetary claims, from winding-up petitions and caveats to summary judgment and consolidated suits, argued at first instance in the High Court and on appeal before the Court of Appeal. The reported work is characteristically commercial, turning on debts, security over land and the procedural devices by which a creditor presses, or a debtor resists, the recovery of money.