Lawyers

Hema Markandan

  • Email: hmk@hikpartners.com

Hema brings over 30 years of experience in legal practice, specialising in corporate and commercial litigation as well as family law. She is widely recognised for her meticulous drafting skills and the strategic lens she applies to complex disputes.

Hema began her career with Messrs Logan Sabapathy & Co., where she completed her pupilage and, upon admission to the Malaysian Bar in 1996, assisted senior partners in a wide range of corporate litigation matters. In 2000, she joined Messrs Liza Chan & Co as a Senior Legal Assistant and went on to gain extensive experience in family law. During her time here, she advised and represented clients in contested and uncontested divorce proceedings, property distribution, and child custody matters. With this solid foundation, she went on to establish Hema Rubini & Co. with Rubini Thirugnanam before joining Kandiah Partnership. Hema is well regarded for her attention to detail and commitment to achieving favourable outcomes in challenging and sensitive cases.

Her practice also includes managing substantial debt recovery portfolios for government-linked companies and drafting complex pleadings in corporate and shareholder disputes. Hema’s ability to navigate both commercial and family law matters with precision and insight has earned her a reputation for delivering practical, results-driven solutions.

Email Hema

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

Hema’s Notable Experience in Cases

Commercial Litigation

  • Acted for companies in winding up petition and advising on judicial management order.

  • Experienced in handing insolvency of companies

  • Successfully procured judgements for debts owing to clients and also attended to enforcement proceedings to recover the judgment debt such as filing for bankrupty petitions, judgment debtor summons and garnishee proceedings

  • Advised a company on a whether a judicial management order satisfies s5(3) & s5(4) of the Insolvency Act 1967.

Family Law and Matrimonial Disputes

  • Acted for and represented a Husband Petitioner in a contested divorce case involving claims for custody care and control of minor children, where there were allegations of incest. A settlement was eventually achieved.

  • Represented a client in an application for contempt of court where it was alleged that the client failed to comply with the court order for maintenance payment to the wife and procured a satisfactory outcome for the client.

  • Acted for wife who was being threatened by husband with allegations of prostitution, and successfully obtained a divorce order and a favourable settlement for the wife

  • Advised a wife whose child was kidnapped by her foreign national husband, liaised with foreign lawyers on the matter, which culminated in the successful release of the child.

  • Advised lawyers in East Malaysia on the provisions of the Law Reform (Marriage and Divorce) Act 1976

  • Advised and acted for a foreign national Husband in a family dispute where the husband client sought to vary a previously granted court order where custody care and control of minor children were given to the mother who had left the children in care of grandparents and which case also involved issues surrounding spousal visa.

  • Acted and represented clients in numerous joint petitions for divorce which involved division of substantial asset and which were concluded to the satisfaction of both parties

  • Advised a Malaysian client married to a foreign national, who were both jointly involved in a business, on the dissolution of the business and thereafter acting for the client in divorce proceedings where a 3rd party was brought in as the adulteress.

  • Acted for and represented a client who was named as an alleged mistress in divorce proceedings and successfully obtained a court order to dismiss the allegation of adultery against the client

  • Advised and acted for a client in a judicial separation matter.

  • Represented and acted for clients , who have claimed that their spouses have committed adultery and successfully procured satisfactory results

  • Given advise on issue of domicile within the provision of section 48 of the Law Reform Act 1976

Succession, Trusts And Estate Planning

  • Represented a 3rd party beneficiary (a foreign national ) who was nominated as a beneficiary to the Deceased’s EPF monies which was later found to be in contradiction to the provisions of the Deceased’s Sijil Fara’id which was obtained in respect of the Deceased’s estate. Succesfully obtained a court order for the 3rd party foreign national to receive a substantial portion of the Decease’s EPF monies.

  • Acted for the executor and beneficiary of a multi million ringgit estate where allegations of forgery was made and successfully defended the same.

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