Mohd Irwan Bin Ismail

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Mohd Irwan Bin Ismail

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YEAR OF CALL: 2017

Irwan is developing a practice covering all areas of the firm’s work, including Commercial & Corporate Litigation, Construction & Infrastructure Disputes, Commercial Arbitration, Land & Property, and Public & Administrative Law.

Irwan is presently involved in a significant cross-border fraud litigation dispute where the firm acts for IOU Pay Ltd and its group of companies in several pieces of ongoing litigation before the courts in Malaysia. Irwan is also involved in several pending commercial and construction-related arbitration disputes where he is led by Tan Sri Dato’ Cecil Abraham, Dato’ Sunil Abraham, and Aniz Ahmad Amirudin.

Irwan read law at the University of Adelaide. He was called to the Malaysian Bar in 2017.

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EXPERTISE

  • Commercial Arbitration
  • Construction and Infrastructure Disputes
  • Corporate and Commercial Litigation
  • Land & Property Law
  • Public & Administrative Law
NOTABLE CASES
  • Tegas Sejati Sdn Bhd v Pentadbir Tanah Daerah Hulu Langat & Ors [2024] 4 CLJ 1 – This dispute centers on the compensation awarded to Tegas Sejati Sdn Bhd following a land reference proceeding under the Land Acquisition Act 1960, where the Land Administrator granted RM67 million plus interest. The High Court reduced the compensation awarded to RM37 million, which decision was upheld by the Court of Appeal. The Federal Court overturned the Court of Appeal’s decision and ordered the rehearing of the Land Reference Proceedings before a new judge. The Federal Court held that the assessors’ reports must be disclosed to the High Court and the parties involved, forming part of the formal record, which was not the case in this instant dispute (led by Tan Sri Dato’ Cecil Abraham and Dato’ Sunil Abraham).
  • ISM Sdn Bhd v Queensway Nominees (Asing) Sdn Bhd & Others – This is an appeal before the Court of Appeal involving a series of complex corporate transactions involving the holding of shares in multiple companies wherein allegations of oppression, breach of a shareholders’ agreement and the law relating to just and equitable treatment of a shareholder are being ventilated (led by Tan Sri Dato’ Cecil Abraham and Dato’ Sunil Abraham).
  • Chiam Tiam Jun & Ors v Pentadbir Tanah Daerah Raub & Ors – This a public administrative law dispute relating to over a hundred durian farmers, cocoa farmers, rubber tappers, and orchard business owners, who are illegally occupying and cultivating land on State Land and within a Forest Reserve in the State of Pahang since 1964. The applicants have filed two judicial review proceedings against various government entities and Royal Pahang Durian Resources PKPP Sdn Bhd, whom the firm acts for. The applicants seek to quash eviction notices, contest the awarding of a land lease to Royal Pahang Durian Resources PKPP Sdn Bhd, and compel the State Authority of Pahang to grant the applicants a lease to cultivate State Land (led by Tan Sri Dato’ Cecil Abraham and Dato’ Sunil Abraham).
  • PNSB Acmar Sdn Bhd v Prasarana Malaysia Berhad & Sunway Construction Sdn Bhd – This is a trespass claim, wherein the firm acts for Setia Utama LRT 3 Sdn Bhd, the third party. PNSCB Acmar Sdn Bhd has alleged acts of trespass on the part of Sunway Construction Sdn Bhd as the main sub-contractor in so far as the construction of an LRT 3 station is concerned. Sunway Construction Sdn Bhd has instituted third-party proceedings against Setia Utama LRT3 Sdn Bhd, the main contractor, in seeking an indemnity should the claim in trespass be proven (led by Dato’ Sunil Abraham).
  • Optimal Property Management Sdn Bhd v Kolej Teknologi Islam Melaka Berhad – This is a claim for breach of a Concession Agreement pertaining to the construction and maintenance of a university in the State of Melaka (led by Dato’ Sunil Abraham).
  • MSM International Adjusters (Malaysia) Sdn Bhd v Hong Leong MSIG Takaful Berhad & Others – This is an appeal before the Court of Appeal involving a claim for negligence filed by an insurer against the loss-adjuster arising from the issuance of a loss-adjuster’s report that led to the release of funds by the insurer to the insurers. This dispute involves issues of fraud, vicarious liability, and the application of the doctrine of attribution (led by Tan Sri Dato’ Cecil Abraham and Dato’ Sunil Abraham).
EDUCATION & QUALIFICATIONS
  • LL.B., University of Adelaide
  • Certificate in Legal Practice
  • Advocate & Solicitor of the High Court of Malaya