Lawyers

David Soosay

  • Email: ds@hikpartners.com

With over 20 years of experience, David specialises in dispute resolution and litigation, representing clients in complex civil, commercial, corporate, property and public law matters. He frequently appears before all levels of the Malaysian courts, including the Court of Appeal and Federal Court.

His career started at Messrs Shearn Delamore & Co. in 2002 and he later co-founded Messrs Soosay Dhillon Sharma before establishing Messrs David Soosay & Co. in 2010. In 2019, he merged his practice with Kandiah Partnership and joined as a partner.
His litigation practice includes dealing with injunctions, insolvency and winding-up proceedings, directors’ and shareholders’ disputes, contractual claims, highly contested estate and probate matters, construction disputes, judicial reviews, land and caveat disputes, and tort actions such as negligence, defamation, fraud, conspiracy and conversion as well as sports law. He has acted in landmark cases including those decided by the Federal Court and secured judgments exceeding RM31 million in construction disputes.

David also acts for Joint Management Bodies and Management Corporations on strata and property management issues and frequently speaks at industry events. Beyond litigation, he drafts and reviews corporate and commercial agreements, including share disposals, shareholders’ agreements, distribution agreements and consortium agreements. David has represented clubs and sports associations. He also maintains a retainership with several oil and gas companies.

Email David

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

Below are some of the cases handled or assisted by David that were reported in the legal journals:

1. IVA v ROM & Anor [2025] MLJU 3240 – High Court. Family Law – whether adultery was proven to justify damages – whether adultery caused the breakdown – Sects 53, 54(1)(a) Law Reform (Marriage & Divorce) Act 1976 – whether purchase of a pleasure device (vibrator) was sufficient to prove an adulterous sexual relationship.

2. RHB Islamic Bank Bhd v WL Petroleum Sdn Bhd & Ors [2025] MLJU 2438 – High Court. Summary Judgment – principal and guarantors – Islamic financing – validity of execution of loan agreement and guarantees – whether the letters of termination and demands were sent – entitlement to commence concurrent actions.

3. Sodalite Sdn Bhd & Ors v 1 Mont’ Kiara dan Kiara 2 Management Corporation & Ors [2025] MLJU 4267 – High Court. Consequential Order Application – based on High Court Order granted in 2021 on the levy and the collections of the maintenance charges & sinking funds – Section 60(3) of the Strata Management Act 2013.

4. NZ Bina Sdn Bhd v Reaplite Industry Sdn Bhd [2025] MLJU 2239 – High Court. Construction dispute – claim in excess of RM31 million.

5. V Medical Services M Sdn Bhd v Swissray Asia Healthcare Co Ltd [2025] 2 MLJ 744-Federal Court; Swissray Asia Healthcare Co Ltd v V. Medical Services M Sdn Bhd [2024] 6 MLJ 135 – Court of Appeal; M V Medical Services M Sdn Bhd v Swissray Asia Healthcare Co Ltd [2023] 7 MLJ 155 – Landmark decision on the appropriate test to be applied to a Fortuna Injunction in respect of a dispute falling within an arbitration agreement – fresh evidence at appellate stage.

6. C&S Engineering Management Sdn Bhd v Ambawang Holding Sdn Bhd — [2024] MLJU 3664 – High Court. Interpretation and application of construction contracts and documents – Development Agreement & Letter of Award – whether claims for work done to be determined pursuant to the DA or the LoA or alternatively on rates to be determined.

7. Rajendran a/l Rasamanickam (Pentadbir Sah kepada Harta Pusaka Rasamanickam a/l Perumal, Si Mati) v Koperasi Pekerja Jaya Bhd & Ors and other suits [2024] MLJU 2620 – High Court. Breach of Trust, Fraud, Conspiracy to Defraud & Property – sub-lot purchasers’ and owners’ entitlement over land held in trust.

8. Sun Capital Sdn Bhd v Hoe Tze Fook [2024] MLJU 1624 – High Court. Summary Judgement – recovery pursuant to a money lending agreement – Moneylenders Act 1951.

9. Sodalite Sdn Bhd & Ors v 1 Mont’ Kiara dan Kiara 2 Management Corporation & Ors [2024] MLJU 1053 High Court. Proposed Intervener Application – by registered proprietor of a stratified development. High Court dismissed the Application. Note: reversed on Appeal by the Court of Appeal – decision not reported.

10. Jambatan Kedua Sdn Bhd v Gammerlite Sdn Bhd and another case [2023] MLJU 3153 – High Court. (Enforcement Order & Stay Order – Construction Industry Payment and Adjudication Act 2012 (‘CIPAA’)).

11. SCP Assets Sdn Bhd v Pengarah Tanah dan Galian Selangor & Ors [2023] MLJU 2624 – High Court (Judicial Review – Proprietor of strata parcels – for certiorari – to quash the decision of authorities regarding Parcel Rents (Cukai Petak)).

12. OCBC Bank (M) Bhd v NZ Bina Sdn Bhd & Anor [2023] 3 MLJ 301 – Court of Appeal. Whether a Deed of Assignment of Contract – absolute assignment – whether the amount assigned absolutely was fixed.

13. Manoharan a/l Kandasamy (practiced under the name of Messrs K Mano & Associates) v James Dominic Culaz (practiced under the name of Messrs Culaz & Associates) & Ors [2022] MLJU 3385 – High Court. Unpaid legal fees – declaration that letters of appointment are valid – cause of action; tort of inducement of breach of contract & tort of unlawful interference and/or fraud, deceit and/or conspiracy – Striking Out Application – Time barred, Estoppel & Res Judicata.

14. Tan Kim Chuan v Tan Kim Tian & Ors and another appeal [2022] 6 MLJ 888 – Federal Court. Application for ‘Directions’ by joint liquidators – Section 236(3) of the Companies Act 1965 (now Section 487(3) of the Companies Act 2016) – whether such decision by the Court is appealable – if substantive rights are affected – Section 67(1) of the Courts of Judicature Act 1964. Conflicting opinions of joint liquidators – realisation of properties under liquidation – giving effect to previously agreed arrangement by the joint liquidators – role of liquidators – liquidate asset in the most cost-saving and expeditious manner.

15. Ji Zhan Capital Sdn Bhd v Chua & Chew Sdn Bhd [2021] 8 MLJ 330 – High Court. Withdrawal of the suit before trial with liberty to file afresh – Magistrates Court allowed withdraw without liberty. The High Court affirmed the decision – the plaintiff was dominus litis – had undue advantage – seen all the defendant’s cards on the table – the defendant will be put in a tactical disadvantage if the fresh suit filed.

16. Tan Kay Soon v Tan Ching Ling [2020] 9 MLJ 15 – High Court. Contested Probate & Estate claim – 2 competing Wills – first Will held as valid – suspicious circumstances surrounding the execution of 2nd Will – credibility & demeanour of witnesses.

17. Pentadbir-Pentadbir Harta Pusaka Imran Hadzalie Bin Abdul Hamid & Anor v Nazaruddin bin Moho Shariff @ Masari & Ors [2020] MLJU 905 – Court of Appeal. Locus standi – fraud and statutory limitation.

18. Luster Industries Berhad v Citi-Champ International Limited & Ors (Lim See Chea & Anor, third party) [2020] MLJU 22 – High Court. Stakeholder’s liability – Turquand’s rule – knowledge of irregularity or fraud.

19. Lim Kai Hee & Ors v Patent View Development Sdn Bhd & Prs [2019] MLJU 723 – High Court. Review before Judge in Chambers – Taxation of solicitors’ bill of costs.

20. Jarry D Culaz v Zakaria bin Sulaiman [2018] MLJU 640 – High Court. Limitation Act – recovery of land.

21. Badan Pengurusan Bersama Cyber Heights Villa, Cyberjaya v Tindak Murni Sdn Bhd [2016] CLJU 278 – High Court. Whether developer required by law to effect payment of maintenance charges and sinking fund charges with regard to the unsold units from the date of vacant possession – Building and Common Property (Management and Maintenance) Act 2007.

22. World Taekwondo Federation & Anor v Tuan Wing Keong & Anor (Pendaftar Cap Dagangan, Malaysia, interested party) [2016] MLJU 1129 – High Court. (Expunging registration of trademarks – Section 45 of the Trade Marks Act 1976 – Tort of Passing Off – Copyright. Whether termination/cessation of MTA membership in WTF is legal.

23. Ramli Amat & Anor v. Cahaya Baru Development Berhad & Ors [2010] 1 CLJU 1933 – High Court. AGM – null and void – irregular voting process – improper chairman.

24. Ong Thuan Ming v VTI Vintage Bhd & Ors [2009] 3 MLJ 850 – High Court. Interlocutory injunction – to stop the debtors from using banking facilities.

25. Majlis Perbandaran Ampang Jaya v Steven Phoa Cheng Loon & Ors [2006] 2 MLJ 389 – Federal Court. Highland Towers collapse – Claim of economic loss, contributory negligence against Local Authority – Immunity of Local Authority – Street, Drainage and Building Act 1974. Negligence – several defendants – causa causans. Test for – Pure Economic loss.

26. Dr Chan Chin Cheung v. Chan Chak Cheung & Anor [2005] 2 CLJ 405 – Court of Appeal. Service out of jurisdiction – Whether deceased died domiciled within jurisdiction – Forum conveniens – appropriate forum to decide, Malaysia or Singapore.

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