Michael has a keen interest in construction, land and probate disputes, and has vast experience in other forms of alternative dispute resolution, such as arbitration and adjudication under the Construction Industry Payment and Adjudication Act, 2012 (“CIPAA Adjudication”).
In his early days of practice, Michael acted as junior Counsel in one of the largest bond disputes in Malaysia with a value exceeding RM290 million, brought by bondholders against the issuer, lead arranger, underwriter, trustee and professional advisors (including valuation, reporting and monitoring accountants). Michael also acted as junior in a complex commercial arbitration involving a textbook concession, with an amount in dispute exceeding RM118 million.
Michael now specialises in construction disputes, and acts for a number of major and public listed construction companies in both litigation, arbitration and adjudication proceedings. Some of his notable engagements are as follows :-
- acting for a work package contractor in seeking substantial losses arising from the collapse of a MRT viaduct span which resulted in fatalities;
- acting for a contractor for claims relating to a lavish mixed development in the heart of Kuala Lumpur, with a contract sum of approximately RM1.4 billion;
- advising a work package contractor on legal issues arising out of a work package for the LRT 3 Project;
- acted for a package contractor for the Damansara-Shah Alam Elevated Expressway (DASH) in a CIPAA Adjudication, with an amount in dispute in excess of RM212 million; and
- acted for a major piling contractor in restraining a demand on a corporate guarantee given by its holding company, and obtained an Injunction to allow the removal of its equipment and machinery from the work site, following a determination of the construction contract.
On land disputes, Michael has acted for and advised a highway concessionaire on its rights relating to land acquisition and compensation. He is now acting for the same highway concessionaire in a heavily contested land dispute between the registered proprietor, the state authorities and a local authority, which gave rise to 7 different actions in the High Court, including a major civil suit, judicial review proceedings, land references, and a suit that involves planning matters under the Town & Country Planning Act, 1976.
Michael is also involved in one of the largest bankruptcy matters filed in the Kuala Lumpur High Court, having an admitted proof of debt of approximately RM396 million. He is also handling a contentious, cross-border probate dispute relating to the estate of a deceased spanning over 4 different jurisdictions.
Having had the privilege of mooting before the late Lord Kerr, the former Deputy President of the UK Supreme Court, in 2012, Michael was commended by His Lordship for showing "startling promise as advocate and exhibit tremendous aptitude."
Michael is available to accept instructions on all areas within the firm’s practice.