Rajwinjit Kaur Khalae a/p Ajit Singh Khalae

On the court record

The reported matters span tort, contract-and-tenancy and commercial-termination work, grounded in High Court judgments rather than any ranking.

Rajwinjit Kaur Khalae a/p Ajit Singh Khalae's reported matters cover tort, contract and commercial-termination disputes, argued in the High Court, several of them on appeal from the subordinate courts. A significant tort decision concerned a negligent misstatement in the context of a forex investment scheme operated on an unregulated platform, where the pleaded case was that negligent representations had induced the plaintiff's investment and the question was whether a duty of care had been established. Appearing for the respondent, the Court allowed the appeal, set aside the judgment of the Sessions Court and entered judgment for a sum of about USD149,123.08 payable on a joint and several basis, with interest and costs of RM20,000 here and below.

Contract and tenancy feature in an appeal from the Magistrate's Court concerning the termination of a tenancy agreement said to have been made orally, where the claim was for the balance of renovation and repair costs, the refund of deposits and an overpaid sum. Appearing for the respondent, the Court dismissed the defendant's appeal in its entirety, affirmed the Magistrate and fixed costs of the appeal at RM5,000.

Commercial termination and family procedure complete the profile. In a High Court matter concerning the wrongful termination of a cleaning agreement, she appeared for the plaintiff, and the Court ordered costs of RM100,000 to the plaintiff. She also appeared for a defendant in a Family High Court interlocutory application in which a party sought to have the trial judge recused from hearing and deciding the suit. A thread across these decisions is the recovery of loss from a broken representation or agreement, whether the inducement to a risky investment, the ending of a tenancy or the termination of a service contract, argued in the High Court and on appeal from the subordinate courts. The reported work is largely commercial and consumer-facing, with a recurring focus on when a representation or an agreement gives rise to a recoverable loss and on whom the burden of proving it falls.