Yohendra Nadarajan

On the court record

Engages third-party and derivative proceedings, land title and Malay reservation land under the National Land Code, and the transfer of shares and the setting aside of consent judgments for failure of consideration.

Yohendra Nadarajan's appearances in this corpus, in the High Court and the Court of Appeal, engage civil procedure, land law and the transfer of shares. As counsel for a defendant in the High Court (Mahkamah Tinggi), he acted on an application to strike out a third-party notice in the context of a derivative action brought in the name of a company. The questions were whether the third-party notice was plainly and obviously unsustainable; whether the grant of leave for a derivative action barred the issuance of a third-party notice; whether a claim for contribution depended on the existence of a fiduciary duty between directors; and whether the pleaded involvement in financial management supported the claim.

In the Court of Appeal (Mahkamah Rayuan) he acted as counsel for the appellant in a land matter engaging an allegation that a judgment had been obtained by fraud. The dispute concerned a power of attorney and a memorandum of transfer under the National Land Code 2020 (Act 828), and Malay reservation land, raising the question whether the transferee was a Malay within the statutory definition, the evidential value of a statutory declaration made before a Commissioner for Oaths, and the definition of "Malay" under section 2 of the Kedah Reservations Enactment, together with an allegation of forged documents and a fresh action to impeach and set aside the earlier judgment.

Before the High Court he also acted as counsel for the plaintiff in a company matter concerning the transfer of shares, where the questions were whether the defendant had acquired the shares in issue, whether a Form 32A was sufficient without registration, and whether valid consideration had been given, in the context of consent orders said to have been premised on an alleged shareholding, and claims for restitution and unjust enrichment where consent judgments were sought to be set aside for total failure of consideration. Across these matters, Yohendra Nadarajan's practice engages third-party and derivative proceedings, land title and Malay reservation land, and the transfer of shares and the setting aside of consent judgments.