Nathaniel Low
About Nathaniel Low
Nathaniel Low appears as counsel of record in 4 reported Malaysia judgments (2025). These were heard before MYCOA (3) and MYHC (1).
On the court record
The reported matters span land-and-moneylending and insolvency-injunction work, grounded in High Court and Court of Appeal judgments.
Nathaniel Low's reported matters cover land and moneylending disputes and insolvency-related injunctions, argued in the High Court and the Court of Appeal. A substantial group of related Court of Appeal appeals concerned whether a series of land sale-and-purchase transactions were in truth sham transactions, and in particular whether illegal moneylending had been disguised as genuine sales, and how a court should approach such an arrangement. Appearing for the respondents across those appeals, the matter engaged the recharacterisation of transactions where the substance is said to differ from the form on the title and in the documents.
Insolvency and injunctions feature in a High Court matter concerning a Fortuna injunction sought to restrain the presentation or continuation of a winding up based on a statutory notice under sections 465(1)(e) and 466(1)(a) of the Companies Act 2016. The disputed questions included whether the debt was the subject of a bona fide dispute, and whether the continuation of services after the expiry of a contract supported the claim. Appearing for the plaintiff, the Court found that evidence of the company's commercial insolvency, including substantial quit-rent arrears leading to forfeiture proceedings and negative financial indicators, supported the appropriateness of winding-up proceedings as a legitimate remedy, and it dismissed the application for a Fortuna injunction with costs.
A thread across these decisions is the court's willingness to look at the true nature of a transaction or a debt, whether by asking if a sale masks unlawful lending, or if a company facing a statutory notice can show a genuine dispute rather than mere insolvency. The matters were argued in the High Court and before the Court of Appeal of Malaysia, and the reported work sits in the land, moneylending and insolvency fields, grounded in the judgments rather than any ranking, with a recurring emphasis on the substance of a transaction or a debt over its outward form.
How many cases has Nathaniel Low appeared in?
Nathaniel Low appears as counsel of record in 4 reported Malaysia judgments (2025).
Which courts does Nathaniel Low appear in?
Nathaniel Low appears before MYCOA (3) and MYHC (1).
What areas of law feature in Nathaniel Low's reported cases?
They include land and moneylending disputes over whether sale-and-purchase transactions were sham arrangements disguising illegal lending, and insolvency-related injunctions concerning a Fortuna injunction and a section 466 winding-up notice.
What did the High Court decide on the Fortuna injunction?
Appearing for the plaintiff, the Court found that evidence of the company's commercial insolvency, including quit-rent arrears and forfeiture proceedings, supported winding up as a legitimate remedy, and it dismissed the Fortuna injunction application with costs.
What was the central question in the sham-transaction appeals?
Whether a series of land sale-and-purchase transactions were in truth sham transactions disguising illegal moneylending, in which he appeared for the respondents before the Court of Appeal.