Saritha Devi Kirupalani
About Saritha Devi Kirupalani
Saritha Devi Kirupalani appears as counsel of record in 5 reported Malaysia judgments (2024–2025). These were heard before MYHC (3) and MYFC (2).
On the court record
Saritha Devi Kirupalani's reported practice is in commercial and company litigation, with a strong line of arbitration and appellate work reaching the Federal Court. Across the matters she acts for plaintiffs, defendants, appellants and respondents.
Her arbitration work includes related High Court matters concerning PBJV Group Sdn Bhd and Petrofac, in which she acted for a defendant and then a plaintiff on an application to set aside an arbitral award under section 37 of the Arbitration Act 2005. The application invoked breach of natural justice and public policy and applied the Master Mulia three-stage test, while the court emphasised that a tribunal is not bound by the Evidence Act 1950 under section 19, that the admissibility and weight of evidence lie within the tribunal's discretion, and that challenges to a tribunal's assessment of evidence fall outside the narrow scope of section 37.
Her company work includes minority oppression under section 346 of the Companies Act 2016. Acting for defendants in a matter involving Minconsult Sdn Bhd, the case turned on whether the company was a family-owned quasi-partnership giving rise to a legitimate expectation of management participation, or a board-centric company whose articles contained no family-specific provisions and required professional qualifications inconsistent with pure family ownership.
She also appears at the Federal Court in commercial contract and insurance disputes. Acting for the appellant in a matter concerning The New Straits Times Press (Malaysia) Berhad, she was engaged on the construction of an endeavours obligation in a commercial contract, applying principles of construction including contra proferentem and generalia specialibus. In a separate Federal Court insurance matter concerning Prudential she acted for a respondent on the effect of the requirement for the Minister of Finance's consent under section 67 of the Insurance Act 1996 and its repeal by the Financial Services Act 2013. The practice is arbitration, company and commercial litigation.
How many cases has Saritha Devi Kirupalani appeared in?
Saritha Devi Kirupalani appears as counsel of record in 5 reported Malaysia judgments (2024–2025).
Which courts does Saritha Devi Kirupalani appear in?
Saritha Devi Kirupalani appears before MYHC (3) and MYFC (2).
What does Saritha Devi Kirupalani focus on in these decisions?
Commercial and company litigation with a strong arbitration and appellate practice. Her matters include applications to set aside an arbitral award involving PBJV Group Sdn Bhd and Petrofac, a minority-oppression dispute involving Minconsult Sdn Bhd, and Federal Court commercial and insurance appeals concerning The New Straits Times Press (Malaysia) Berhad and Prudential.
What principles governed the application to set aside the arbitral award?
The application under section 37 of the Arbitration Act 2005 invoked breach of natural justice and public policy and applied the Master Mulia three-stage test. The court stressed that a tribunal is not bound by the Evidence Act 1950 under section 19, that the admissibility and weight of evidence are within the tribunal's discretion, and that challenges to a tribunal's assessment of evidence fall outside the scope of section 37.
What was the oppression dispute about?
Whether the company, Minconsult Sdn Bhd, was a family-owned quasi-partnership giving rise to a legitimate expectation of participation in management under section 346 of the Companies Act 2016, or a board-centric company whose articles contained no family-specific provisions and whose professional-qualification requirements were inconsistent with pure family ownership. She acted for defendants.