Lawyers

Ashok Kandiah

  • Email: ak@hikpartners.com

Our founding partner, Ashok, brings deep expertise to the firm with over 30 years in practice. Upon admission to the Bar in 1996, his first six years were spent at Messrs. A. Zahari Kanapathy Thulasi, where he rose to head the Litigation Department. In 2002, he co-founded Messrs. Harniza & Kandiah, which evolved into Kandiah Partnership and later Haris Ibrahim Kandiah Partnership, to reflect the Firm’s expanded partnership and Haris Ibrahim’s entry as Senior Partner.

A highly regarded advocate and dispute resolution specialist, Ashok’s practice is wide-ranging, spanning arbitration, defamation, commercial and corporate litigation, criminal law, and industrial relations. He frequently conducts trials and interlocutory proceedings in the High Court and appears before the appellate courts, often engaged as counsel by other firms.

Ashok has acted in major arbitration and litigation matters, including representing the Selangor Government and its agencies, namely the Selangor Agricultural Development Corporation in arbitration claims exceeding RM300 million, in matters before the High Court and Court of Appeal.

His expertise extends to include construction and strata management disputes, where he has represented Joint Management Bodies, Management Corporations, and parcel owners in all levels of court, and advising private hospitals on regulatory compliance, legal contracts, hospital governance matters, debt recovery, and industrial relations disputes. In criminal law, he has defended clients on Penal Code offences as well as dangerous drugs, immigration, firearms, sedition and kidnapping charges.

Email Ashok

LL.B (Hons) Nottingham Trent University
Advocate & Solicitor, High Court of Malaya

Some judgements of the Courts in cases in which Ashok was involved are:

1. MPG Career Sdn Bhd v Bukit Beruntung Golf & Country Resort Bhd & Ors [2025] MLJU 1016
– (Issue concerning breaches of the terms of a golf course operations and management contract)

2. Jambatan Kedua Sdn Bhd v Gammerlite Sdn Bhd [2024] MLJU 2525
– (Enforcement of Adjudication Award issued pursuant to CIPAA 2012)

3. CTOS Data Systems Sdn Bhd v Suriati bt Mohd Yusof [2024] 5 MLJ 811
– (Defamation and breach of statutory duties claim against a credit reporting agency for alleged inaccurate credit reporting)

4. Datuk Parmjit Singh a/l Meva Singh & Ors v Ekuiti Nasional Bhd [2024] MLJU 2059
– (Judgement on enforcement of a contract in the absence of privity of contract)

5. Tan Kim Chuan v Tan Kim Tian & Ors and Another Appeal [2022] 10 CLJ 503
– ( Judgement on the exercise of liquidators’ powers in the disposal of company assets)

6. SCP Assets Sdn Bhd v Perbadanan Pengurusan PD-1 [2024] MLJU 168
– ( Issues surrounding the powers and exercise of discretion by a management corporation to determine and collect different rates of maintenance chargers pursuant to the Strata Management Act 2013)

7. SCP Assets Sdn Bhd v Pengarah Tanah dan Galian Selangor & Ors [2023] MLJU 2624
– ( Entitlement of a joining management body to compensation paid after acquisition of land including common property

8. RPH Global Property Management Sdn Bhd v Badan Pengurusan Bersama Residensi PV21 [2023] MLJU 1812
– ( Judgement on contractual entitlement to payment in lieu of notice under a property management agreement)

9. Permodalan Masteron Sdn Bhd v Stanley Saw Boon Leong & Anor [2023] MLJU 2504
– (Defamation claim arising out of Libellous statements against a developer in a Whatsapp group

10. Bespoke Motoring Sdn Bhd v Am General Insurance Bhd [2023] 11 MLJ 621
– (Judgement on validity of repudiation of a motor insurance policy and revocation of a settlement offer)

11. Mah Sau Cheong v Wee Len @ Wai Shiang Liang [2024] 12 MLJ 671
– (Judgement on enforcement of a foreign judgement in common law)

12. TH Properties Sdn Bhd & Anor v Knight Frank Malaysia Sdn Bhd [2021] 1 LNS 134
– (Estate agent’s entitlement to commission as the effective cause of a land sale transaction)

13. Benjamin Ho v CTOS Data Systems Sdn Bhd [2023] MLJU 594
– (Application for pre-action discovery)

14. Re Mariayee a/p Ratnam; ex parte Kuari Pati Sdn Bhd [2021] MLJU 2592
– (Issues concerning a guarantor’s continuing liability)

15. SCP Assets Sdn Bhd v Perbadanan Pengurusan PD-2 [2021] MLJU 623
– (High Court judgement on the validity of different rates of maintenance charges imposed by a management corporation under the Strata Management Act 2013)

16. Tan Kim Tian & Anor v Tan Kim Chuan & Anor [2020] MLJU 86
–(Determination of the proper method of disposal of a company’s properties in liquidation)

17. Optimis Dinamik Sdn Bhd v Sri Manjung Granite Quarry Sdn Bhd [2019] MLJU 1892
– (Dispute wrongful termination of a quarry operations agreement and the need to comply strictly with them notice of remedy before termination)

18. SCP Assets Sdn Bhd V Perbadanan Pengurusan Megan Avenue (1) [2017] MLJU 1081
– (High Court judgement on the validity of different rates of maintenance charges imposed by a management corporation under the Strata Management Act 2013)

19. Tan Cheng Leng V Tropicana Medical Centre (M) Sdn Bhd [2017] 1 ILR 383
(Dismissal by an employer of a probationary staff for poor performance)

20. M Mohandas Gandhi & Anor V Ambank (M) Berhad & Anor [2014] CLJU 1025
(Defamation and invasion of privacy arising out of the publication of credit information)

21. Arun Kumar Bag V Hospital Pantai Indah Sdn Bhd [2015] 3 ILR 580
(whether a consultant in a private hospital is a workman within the meaning of the Industrial Relations Act)

22. Yogiswaren Kandiah V Tropicana Medical Centre (M) Sdn Bhd [2014] CLJU 1714
(Judgement concerning constructive dismissal of an employee and the employers right not to confirm an employee to his position at the end of the probationary period)

23. Seetha A/P Vijayaratnam V Vicknesh A/L Visvalingam [2013] 5 MLJ 347
(Variation of a maintenance order under section 83 of the Law Reform (Marriage and Divorce) Act 1976)

24. Perbadanan Kemajuan Pertanian Selangor V PKPS Bukit Tinggi Fish Farm Sdn Bhd [2012] CLJU 789
(Winding-up proceedings)

25. Chempro Technology (M) Sdn Bhd V. Wee Eng Hock & Ors [2010] CLJU 1857
(Constructive trust over shares in a company registered under the name of a former director)

26. Tham Lin Chan V. Quality Bakers (M) Sdn Bhd [2011] ILRU 1816
(Joinder of a company director in Industrial Court Proceedings)

27. Muhammad Hilman Idham & Ors V. Kerajaan Malaysia & Ors [2011] 9 CLJ 50
(Section 15(5)(a) of the Universities and University Colleges Act 1971 (AUKU) the constitutional right to freedom of speech and expression under Article 10 of the Federal Constitution.)

28. Menteri Hal Ehwal Dalam Negeri V Raja Petra Kamarudin [2009] 4 MLJ 484
(Habeas Corpus application)

29. Saravanan Rengeyen V. CS Metal Industries (M) Sdn Bhd; Official Receivers/Liquidator & Cim Capital Sdn Bhd (As A Party) [2008] ILRU 1276
(Joinder of liquidator in Industrial Court proceedings)

30. Wong Leng Hung V Krishnamurthy A/L Nagaratnam [2005] 8 CLJ 745
(Wrongful termination of a sale and purchase agreement and claim for specific performance)

31. Pollution Engineering Sdn. Bhd. V Chan Wai Foong — [2003] ILJU 84
(Industrial Court decision on forced resignation and dismissal without just cause or excuse)

32. Ng Chong Meng V Pustaka Sistem Pelajaran Sdn Bhd [2006] 1 ILR 210
(Industrial Court decision on whether an employee’s resignation was voluntary)

33. R Ramachandran V Koperasi Perumahan Kuala Lumpur [2001] 2 MLJ 177
(Judgement on wrongful expulsion from a co-operative society and breach of natural justice)

34. Ismail Bin Mohd Yunos & Anor V First Revenue Sdn Bhd [2000] 5 MLJ 42
(Issues of enforceability of a memorandum of understanding)

35. Abdul Rahim Bin Abdul Kadir & Anor V Twenty First Century Products Sdn Bhd
[1998] 7 MLJ 222
(Claim for Breach of a sale and purchase agreement and oral extension of time for completion of transaction)

Upon being admitted to the Malaysian Bar in 1996, Ashok joined Messrs. A. Zahari Kanapathy Thulasi as a Legal Assistant where he remained for six years eventually heading its Litigation Department supervising a team of lawyers and support staff. In February of 2002, he established Messrs. Harniza & Kandiah and subsequently changed its name to Kandiah Partnership, which was later changed to Haris Ibrahim Kandiah Partnership, to reflect the new partnership and the entry of Haris Ibrahim as senior partner.

Ashok’s area of practice is in Arbitration, Defamation, Commercial and Corporate Litigation, Criminal Litigation and Industrial Relations. Ashok regularly handles trials and interlocutory applications at the High Court and appears regularly before the appellate courts. Ashok is also routinely appointed by firms of solicitors to as act as counsel in trials and appeals.

Ashok has also acted for the Selangor Agricultural Development Corporation in an arbitration involving a claim in excess of RM300 million. Apart from acting for several State Government Agencies, Ashok had also been engaged by the State Government of Selangor by issuance of Fiat to act for the State in various matters in the High Court and Court of Appeal. Ashok has acted for clients in adjudication disputes under the Construction Industry Payment and Adjudication Act 2012 as well as employers, main contractors and sub-contractors in litigation and arbitration.

Ashok also advices and acts for Joint Management bodies, Management Corporations and parcel owners in respect of matters concerning or related to the Strata Management Act 2013. This includes acting as counsel in all levels of the courts in disputes between parcel owners and Management Corporations or local authorities.

Over the years and since the coming into force of the Private Healthcare Facilities and Services Act 1998 Ashok has acted for and advised numerous private hospitals on a variety of matters concerning compliance with the provisions of the Act and matters relating to agreements with consultants, nurses and other employees. He also advises hospital managements on the Medical and Dental Advisory Committee By-laws and compliance of the same including of acting for hospitals in recovery of debt claims, disputes with consultants and industrial relations actions.

He also has a keen interest in Criminal Law and has represented clients charged for a variety of Penal Code offences as well as offences under the Dangerous Drugs Act, Immigration Act and Firearms (Increased Penalties) Act, Sedition Act and Kidnapping Act.

Some judgements of the Courts in cases which Ashok was involved are:

  1. MPG Career Sdn Bhd V Bukit Beruntung Golf & Country Resort Bhd & Ors [2025] MLJU 1016
  2. Jambatan Kedua Sdn Bhd V Gammerlite Sdn Bhd [2024] MLJU 2525
  3. CTOS Data Systems Sdn Bhd V Suriati Bt Mohd Yusof [2024] 5 MLJ 811
  4. Datuk Parmjit Singh A/L Meva Singh & Ors V Ekuiti Nasional Bhd [2024] MLJU 2059
  5. Tan Kim Chuan V. Tan Kim Tian & Ors And Another Appeal [2022] 10 CLJ 503
  6. SCP Assets Sdn Bhd V Perbadanan Pengurusan PD-1 [2024] MLJU 168
  7. SCP Assets Sdn Bhd V Pengarah Tanah Dan Galian Selangor & Ors [2023] MLJU 2624
  8. RPH Global Property Management Sdn Bhd V Badan Pengurusan Bersama Residensi PV21 [2023] MLJU 1812
  9. Permodalan Masteron Sdn Bhd V Stanley Saw Boon Leong & Anor [2023] MLJU 2504
  10. Bespoke Motoring Sdn Bhd V AM General Insurance Bhd [2023] 11 MLJ 621
  11. Mah Sau Cheong V Wee Len @ Wai Shiang Liang — [2024] 12 MLJ 671
  12. TH Properties Sdn Bhd & Anor V Knight Frank Malaysia Sdn Bhd [2021] CLJ 134
  13. Benjamin Ho V Ctos Data Systems Sdn Bhd [2023] MLJU 594
  14. Re Mariayee A/P Ratnam; Ex Parte Kuari Pati Sdn Bhd [2021] MLJU 2592
  15. SCP Assets Sdn Bhd V Perbadanan Pengurusan PD2 [2021] MLJU 623
  16. Tan Kim Tian & Anor V Tan Kim Chuan & Anor [2020] MLJU 86
  17. Optimis Dinamik Sdn Bhd V Sri Manjung Granite Quarry Sdn Bhd [2019] MLJU 1892
  18. SCP Assets Sdn Bhd V Perbadanan Pengurusan Megan Avenue (1) [2017] MLJU 1081
  19. Tan Cheng Leng V Tropicana Medical Centre (M) Sdn Bhd [2017] 1 ILR 383
  20. M Mohandas Gandhi & Anor V Ambank (M) Berhad & Anor [2014] CLJU 1025
  21. Arun Kumar Bag V Hospital Pantai Indah Sdn Bhd [2015] 3 ILR 580
  22. Yogiswaren Kandiah V Tropicana Medical Centre (M) Sdn Bhd [2014] CLJU 1714
  23. Seetha A/P Vijayaratnam V Vicknesh A/L Visvalingam [2013] 5 MLJ 347
  24. Perbadanan Kemajuan Pertanian Selangor V PKPS Bukit Tinggi Fishfarm Sdn Bhd [2012] CLJU 789
  25. Chempro Technology (M) Sdn Bhd V. Wee Eng Hock & Ors [2010] CLJU 1857
  26. Tham Lin Chan V. Quality Bakers (M) Sdn Bhd [2011] ILRU 1816
  27. Muhammad Hilman Idham & Ors V. Kerajaan Malaysia & Ors [2011] 9 CLJ 50
  28. Menteri Hal Ehwal Dalam Negeri V Raja Petra Kamarudin [2009] 4 MLJ 484
  29. Saravanan Rengeyen V. CS Metal Industries (M) Sdn Bhd; Official Receivers/Liquidator & Cim Capital Sdn Bhd (As A Party) [2008] ILRU 1276
  30. Wong Leng Hung V Krishnamurthy A/L Nagaratnam [2005] 8 CLJ 745
  31. Pollution Engineering Sdn. Bhd. V Chan Wai Foong — [2003] ILJU 84
  32. Ng Chong Meng V Pustaka Sistem Pelajaran Sdn Bhd [2006] 1 ILR 210
  33. R Ramachandran V Koperasi Perumahan Kuala Lumpur [2001] 2 MLJ 177
  34. Ismail Bin Mohd Yunos & Anor V First Revenue Sdn Bhd [2000] 5 MLJ 42
  35. Abdul Rahim Bin Abdul Kadir & Anor V Twenty First Century Products Sdn Bhd [1998] 7 MLJ 222