Ung Chirt Kye

On the court record

The reported matters span company-property, housing sale-and-purchase and cross-border contract work, grounded in High Court and Court of Appeal judgments.

Ung Chirt Kye's reported matters cover company and property law, housing sale-and-purchase disputes and cross-border contract, argued in the High Court and the Court of Appeal. A company-and-property decision considered the separate legal personality of a company and the Torrens system, asking whether property registered in a company's name belonged beneficially to the directors behind it, and how that sits with the indefeasibility of a registered title; appearing for the plaintiff, the Court dismissed the claim but allowed a counterclaim, while ordering the first defendant to pay the plaintiff costs fixed at RM80,000.

Housing and sale-and-purchase litigation features in related Court of Appeal appeals arising from the late delivery of vacant possession of commercial accommodation suites, where the claims concerned liquidated damages together with goods and services tax and late-payment interest. He appeared on both sides of those cross-appeals, in matters that engage the settled authority on liquidated damages for late delivery under a statutory sale-and-purchase agreement.

Cross-border contract completes the profile. In a High Court trial concerning a service agreement to provide software-development services, where the claim was for outstanding sums and one party's witness was not privy to the relevant communications, he appeared for the defendant; the Court entered judgment for the plaintiff in a sum expressed by reference to a United States dollar figure converted at the applicable Bank Negara Malaysia rate, with interest at five per cent per year and costs fixed at RM35,000. A thread across these decisions is the reconciliation of registered title and corporate ownership with competing claims, and the enforcement of commercial and consumer bargains, whether the beneficial ownership of company property, a purchaser's right to timely delivery, or payment under a cross-border software contract, argued in the High Court and before the Court of Appeal of Malaysia. The reported work sits at the meeting point of company, property and commercial contract, where the recurring task is to establish who truly holds a right and to hold a counterparty to the bargain recorded in a written agreement.