Landmark Cases - Koshy Chambers
360
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Landmark Cases

  • Appeared in the foremost Islamic Banking case before the Supreme Court, acting for the Bank in the case of Adnan bin Omar v Bank Islam Malaysia Berhad [Civil Appeal No: 02-390-1994] which dealt with the procedure in an Order For Sale application in Islamic Banking cases. The appellate court upheld the High Court decision which granted an Order For Sale to the Bank.

 

  • Appeared for the Bank in a case which dealt with the validity of Bai Bithaman Ajil Contracts before the Court of Appeal in the case of Bank Islam Malaysia Berhad v Lim Kok Hoe & Anor and other Appeals [2009] 6 CLJ 22. The appellate court reversed the High Court decision which held that the contracts were null and void.

 

  • Appeared for the Bank before the Court of Appeal in the case of Bank Islam Malaysia Berhad v Azhar bin Osman [Civil Appeal No. W-02-751-2010] which dealt with the quantum of the Bank’s claim. The appellate court reversed the High Court decision which held that the Bank must grant a rebate for “unearned profit”.  The appellate court held that the bank is entitled to claim the outstanding Sale Price under the contract.

 

  • Appeared for the Appellant before the Federal Court in CTI Group Inc v International Bulk Carriers SPA [2017] 5 MLJ 314 which dealt with the issue of whether in the two-stage process for the enforcement of arbitral awards as contained in ss38 and 39 of the Arbitration Act, a party seeking to set aside an Order made under s38 can apply to set it aside under that very section on the ground that there was no arbitration agreement in existence between the parties. The Federal Court allowed the appeal and held that the party must apply to set that Order aside under s39.

 

  • Appeared for the Respondent before the Federal Court in Lee Yoke Yam v Chin Ken Seng [2013] 1 MLJ 145 which dealt with the issue whether there was absolute privilege to statements made in a police report. The Federal Court upheld the High Court and the Court of Appeal decisions that there was absolute privilege to statements made in a police report and therefore could not be subject to a defamation action.