Mr. Malcolm Fernandez is the Managing Partner. He was called to the Malaysian Bar in 1998.
His forte is in the area of Commercial and Corporate Litigation.
He was previously attached to firms such as Messrs Gulam & Wong, Messrs Watson Peters & Mohd Fuad,
Messrs Aziz & Mazlan and finally as a partner in Messrs Ashekin Norman Fernandez & Associates.
In his previous firms such as Messrs Gulam & Wong, Messrs Watson Peters & Mohd Fuad and Messrs Aziz
& Mazlan, Mr. Fernandez handled cases for Financial Institutions such as Malayan Banking Berhad,
Bumiputra Commerce Berhad, RHB Bank Berhad, Cempaka Finance Berhad and Danaharta Urus Berhad.
He was heading the Commercial Loans litigation unit in Messrs Aziz & Mazlan and in carrying out this
portfolio had conducted cases at the High Court and the Court of Appeal the first being at 10 months
in practice before amongst others the Honourable Justice Dato’ Gopal Sri Ram with success.
He had conducted contested hearings before High Court Judges for the purposes of obtaining an Order
for Sale, resisting any attempt to set aside previously obtained Order for Sale and appeals initiated by
the respondent/defendant in respect of orders made for summary judgment. He had thus far obtained
favorable results for the clients. He had also conducted numerous full trials at the High Court in
matters relating to the Law of Banking and at the Subordinate Courts in matters relating to the Law
of Banking and Hire Purchase. He is also retained as Counsel by a number of legal firms and in this
regard had argued on their behalf at the High Courts and Appellate Courts.
Mr. Fernandez had been appointed to act for a number of financial institutions in relation to high
valued borrowers wherein the amount sought to recover were in the region of RM200 million. In relation
to this assignments the matter had proceeded to the appellate courts with favourable results for the
client.
Mr. Fernandez had also conducted numerous Appellate matters at the Court of Appeal and at the
Federal Court in relation to Factoring Facilities, Loan Facilities, Bankruptcy and Breach of Contract.
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Besides the Law of Banking, Mr. Fernandez had also conducted matters pertaining to Employment,
Construction, Media Law, Tax and Project Financing.
In addition to the above, Mr. Fernandez had successfully resisted Applications made pursuant to
Section 176 of the Companies Act 1965 wherein a number of Public Listed Companies had applied for
the Court’s Protection. The cases are reported in the Law Journals.
Mr. Fernandez also handles a substantial amount of cases involving Corporate Insolvency wherein he
acts for Liquidators and in this regard had advised and handled briefs relating to the Vesting of
Companies Assets, Dissolution of Companies, Removal and Appointment of Provisional Liquidators or
Liquidators and the Winding Up of Companies. He had also been retained by Receivers and Managers
to handle brief at the High Court.
In the course of his career, he was retained by a number of Firms as Counsel for the purposes of
drafting and arguing cases that dealt with the Infringement of Trademark wherein a successful result
was obtained at the Shah Alam High Court.
Mr. Fernandez ensures that all matters will have his personal attention a practice that he had started
in his previous firms to better serve his clients.