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Ashmadi Bin Othman
Graduated from International Islamic University Malaysia in 1996 and was called to the BAR on 3rd May 1997. He had undergone his pupilage at Messrs Azam Malek & Soh, 9th Floor, Lion Tower, Jalan Ampang, Kuala Lumpur and after admission, joined Messrs Che Mokhtar & Co and later known as Messr Che Mokhtar & Ling from 2nd May 1997 until 16th February 2016 as a Senior Associate. Joining the firm as a Partner starting from 17th February 2016 and in charge of the General & Banking Litigation Department. Appointed as Comissioner for Oaths on 15th December, 2008 by Chief Registrar of Federal Court, Malaysia.
Litigation
Specialises in civil litigation for banks, corporations, statutory bodies and Datuk Bandar Kuala Lumpur. Well versed with the foreclosure proceedings, bankruptcy proceedings, winding up proceedings and statutory claims under the Local Government Act and Electricity Supply Act. Also involved in Property Development and Banking Documentations.
NOTABLE RELEVANT ENGAGEMENTS
- He has represented Datuk Bandar Kuala Lumpur (Defendant) in opposing the legal suit filed by 41 illegal squatters (Plaintiffs) at Ladang Bukit Jalil. The Kuala Lumpur High Court has allowed the application to strike out the suit and the decision is reported in case of Veerasingam a/l Subramaniam & Ors v. Datuk Bandar Kuala Lumpur [2012] 8 CLJ 479. The said decision was later affirmed by the Court of Appeal.
- He also acted for Datuk Bandar Kuala Lumpur (Respondent) in opposing the application for judicial review and certiorari relating to the decision of Datuk Bandar Kuala Lumpur in issuing notice to demolish squatter’s huts under the Essential (Clearance of Squatters) Regulations 1969. The High Court has dismissed the application and affirmed the decision of the Datuk Bandar Kuala Lumpur. The case is reported in the case of Noor Azman Sahar & Ors v. Datuk Bandar Kuala Lumpur [2011] 5 CLJ 807.
- Besides that, Ashmadi also represented Tenaga Nasional Berhad (TNB) to claim loss of revenue under Electricity Supply Act 1990 due to tampering of meter. Among the reported cases is the case Tenaga Nasional Berhad v AWP Enterprise (M) Sdn Bhd [2015] 1 CLJ 400 and Tenaga Nasional Berhad v. Bight Rims Manufacturing Sdn Bhd [2015] 1 CLJ 521, court of appeal /[2011] 8 MLJ 455, HC and Nikmat Maju Development Sdn Bhd v Tenaga Nasional Bhd [2015] 2 CLJ 305.
- Acted for Hong Leong Bank Berhad (Plaintiff) for Declaration on issue of assignment and contract. The case is reported in the case of Hong Leong Bank Berhad v. Villa Genting Development Sdn Bhd [2008] 9 CLJ 330.
- He represented Datuk Bandar Kuala Lumpur (Defendant) in opposing the Plaintiff’s action for declaration to challenge the Development Order pursuant to Federal Territory (Planning) Act 1982. The case is reported in the case of Kembang Masyur Sdn Bhd v. Milik Perusahaan Sdn Bhd & Ors [2005] 6 CLJ 14.
- He acted for Datuk Bandar Kuala Lumpur (Petitioner) in winding up proceedings against the defaulter for failing to pay the assessment notice. The case is reported in the case of Datuk Bandar Kuala Lumpur v. Pembangunan Orkid Desa Sdn Bhd [2001] 4 CLJ 591.
Other reported cases are as follows:
- United Malayan Banking Corporation Bhd v. Ernest Cheong Yong Yin [2002] 2 CLJ 413, Federal Court & United Malayan Banking Corp Bhd v Ernest Cheong Yong Yin [2001] 1 MLJ 561, Court of Appeal
- Hong Leong Bank Bhd v Dato’ Tan Kim Leong [2006] 8 CLJ 219.
- Hong Leong Bank Berhad v Villa Genting Development Sdn Bhd [2008] 9 CLJ 330
- CIMB Bank Bhd v Gan Teow Hooi & Ors [2012] 9 CLJ 1003.
- Datuk Awang Adek Hussin v The Edge Communications Sdn Bhd & Yang lain [2012] 10 CLJ 340.
- Re Ong Ka Tiam, Ex P Hong Leong Bank Bhd [1997] MLJU 135
- Tan Hin Teck v Sime Bank Berhad [2001] 1 LNS 107
- United Malayan Banking Corp Bhd v Pribumi & Anor [2003] 1 LNS 117.
- RHB Bank Berhad v Angeline Harry [2007] 1 LNS 314
- Augusto Pompeo Romei& Anor v Singaravelu s/o Ratnavelu & 3 other [2011] 1 LNS 949
- Ragoovaran A/L Paramu v Datuk Bandar Kuala Lumpur [2014] 1 LNS 763
- Datuk Bandar Kuala Lumpur v TS Sidi Guardforce Sdn Bhd [2012]
- Naza Kia Sdn Bhd v Hicom Automotive Manufacturers (Malaysia) Sdn Bhd [2014]1 LNS 1081
- Yew Hong Teng & Anor v TTDI Jaya Sdn Bhd [2015]1 LNS 1114
- Handled various banking and litigation matters, full trials and appeals from Subordinate Courts up to the Federal Court level and is one of the main counsels for Datuk Bandar Kuala Lumpur.
- Registered as Trade Mark Agent by the Intellectual Property Corporation of Malaysia (MyIPO).
