Nadesh Ganabaskaran
About Nadesh Ganabaskaran
Nadesh Ganabaskaran appears as counsel of record in 5 reported Malaysia judgments (2025–2026). These were heard before MYHC (5).
On the court record
Nadesh Ganabaskaran's reported practice is in company and construction litigation in the High Court, with a strong interest in shareholder rights, injunctions and statutory adjudication. Across the matters he acts for plaintiffs, defendants, applicants and respondents.
A distinct strand is corporate governance and the mechanics of company meetings. In one matter he acted for defendants on members' rights to requisition an extraordinary general meeting under sections 310 and 311 of the Companies Act 2016, where the central question of construction was whether section 310(b) applies only to a single member holding ten per cent of the shares or also to several members whose combined holding reaches ten per cent — turning on whether the singular "member" includes the plural under section 4(3) of the Interpretation Acts 1948 and 1967 — and whether a quia timet injunction became academic once the meeting was held.
He is closely engaged with restraining and interim relief in shareholder disputes. In related suits he acted for a plaintiff and then a defendant on an interim injunction to restrain an extraordinary general meeting convened to remove a board, on whether there was a serious issue to be tried, the adequacy of damages and the balance of convenience where the company's operations were said to be in deadlock, and on a striking-out application invoking section 346 of the Companies Act 2016 and the court's duty to prevent a multiplicity of proceedings.
His construction work includes statutory adjudication under the Construction Industry Payment and Adjudication Act 2012. In related matters concerning Better Power Sdn Bhd and AGV Offshore Sdn Bhd he acted on applications to set aside and to enforce an adjudication decision, on whether the adjudicator exceeded jurisdiction or breached natural justice, the distinction between jurisdictional error and error on the merits, and the temporary finality of an adjudication decision. The practice is company and construction litigation.
How many cases has Nadesh Ganabaskaran appeared in?
Nadesh Ganabaskaran appears as counsel of record in 5 reported Malaysia judgments (2025–2026).
Which courts does Nadesh Ganabaskaran appear in?
Nadesh Ganabaskaran appears before MYHC (5).
What does Nadesh Ganabaskaran focus on in these decisions?
Company and construction litigation. His matters include a dispute over members' rights to requisition an extraordinary general meeting under sections 310 and 311 of the Companies Act 2016, interim injunctions in shareholder disputes, and statutory adjudication under the Construction Industry Payment and Adjudication Act 2012 concerning Better Power Sdn Bhd and AGV Offshore Sdn Bhd.
What was the point of construction on requisitioning a general meeting?
Whether section 310(b) of the Companies Act 2016 allows only a single member holding ten per cent of the shares to requisition an extraordinary general meeting, or also several members whose combined holding reaches ten per cent. It turned on whether the singular word "member" includes the plural under section 4(3) of the Interpretation Acts 1948 and 1967, and whether a quia timet injunction became academic once the meeting was held.
What issues arise in the construction-adjudication matters?
In the matters concerning Better Power Sdn Bhd and AGV Offshore Sdn Bhd, whether an adjudication decision under the Construction Industry Payment and Adjudication Act 2012 should be set aside or enforced — including whether the adjudicator exceeded jurisdiction, whether there was a breach of natural justice or a failure to consider material evidence, and the distinction between a jurisdictional error and an error on the merits given the temporary finality of an adjudication decision.