Kumara is a Partner in our Dispute Resolution & Litigation Practice Group.
Kumara’s practice focuses on corporate and commercial litigation, domestic and international arbitration, and strategic advisory work. He regularly advises and represents clients in disputes involving contract law, company law, winding-up proceedings, and the enforcement of arbitral awards. Kumara has experience appearing before all levels of the Malaysian courts, including the High Court, the Court of Appeal, and the Federal Court.
Kumara obtained his Bachelor of Laws (Hons) from the University of Adelaide in 2015. He was a recipient of full scholarship from the Malaysian Public Service Department (JPA) to pursue his law degree in Australia. He was also an awardee of the Business, Economics and Law Achiever’s Scholarship from the University of Adelaide. He later obtained his Master of Commercial Law from Universiti Malaya in 2024.
EXPERIENCE
Litigation & Arbitration
- Acted as junior counsel for the Von Pezolds, a family owning agricultural estates in Zimbabwe, in the Court of Appeal, successfully resisting the appeal of the Republic of Zimbabwe against High Court orders recognising and enforcing awards rendered by an ICSID Tribunal totaling over US$200million. This landmark ruling, first of its kind in Malaysia, addressed novel legal issues including the waiver of sovereign immunity and the substantive powers of Malaysian courts under the ICSID Act.
- Acted as junior counsel for a major U.S.A. government contractor in the High Court, Court of Appeal, and Federal Court, successfully obtaining a winding-up order against a local IT services company for over US$2.7million based on a foreign judgment and resisting subsequent appeals and related applications, including stay applications under Section 492 of Companies Act 2016.
- Acted as junior counsel for a property/land development company in a land enquiry before the Land Administrator, seeking compensation exceeding RM110million for the acquisition of 3 plots of land by the Pahang State Authority for the East Coast Rail Link project.
- Acted as junior counsel for a family takaful operator in the High Court against a local corporate agency over the termination of a corporate agency contract, successfully having a claim exceeding RM30million dismissed due to the agency’s non-compliance with a court order obtained via a certain defensive application.
- Acted as junior counsel for companies incorporated in Malta and Hong Kong against a local glove company and its director in the High Court, successfully obtaining a Mareva injunction and final judgments totaling over RM4.5million for breach of contract, fraud and conspiracy.
- Acted as junior counsel for individual purchasers against the developer, the White Knight, and private liquidators in the Sessions Court, High Court, and Court of Appeal, in claims for recovery of vacant possession, liquidated damages for late delivery, and refunds of wrongfully collected amounts. Successfully secured judgment holding all defendants liable, including imposing personal liability on private liquidators, and resisted subsequent appeals and related applications.
- Acted as junior counsel for a paymaster, a leading public transport company, in a land enquiry before the land administrator involving a compensation claim by a landowner exceeding RM1.2billion.
- Acted as junior counsel for a leading Indonesian company in the elevators and escalators industry, defending against a claim exceeding RM23million by two Malaysian-based manufacturing companies and pursuing counterclaims. Represented the client in interlocutory applications before the High Court and in appeals to the Court of Appeal. The dispute was ultimately resolved successfully through an out-of-court global settlement.
- Acted as junior counsel for a local company and its shareholder in the Court of Appeal, in appealing the High Court’s decision dismissing an application for a private caveat to be entered over the vendor’s property.
- Acted as counsel and co-counsel in ship arrest proceedings, debt recovery actions, and various enforcement proceedings, including seizure and sale of assets, public auctions, and garnishee proceedings.
- Acting as junior counsel in the High Court for a shareholder of a public-listed company, in defending a claim brought by the Securities Commission of Malaysia, involving allegations of market manipulation and claims exceeding RM27 million.
- Acting as lead counsel in the High Court for a Multi-Level Marketing company, in defending a claim brought by an independent contractor alleging wrongful termination of membership.
- Acting as junior counsel in the High Court for Netherlands-incorporated oil and gas companies, seeking recognition and enforcement of an ICSID arbitral award exceeding US$8billion against the Republic of Venezuela as a High Court judgment under the ICSID Act.
- Acting as junior counsel in the High Court for companies incorporated in Bermuda and Netherlands, seeking recognition and enforcement of an ICC arbitral award exceeding US$420million as binding and enforceable as a High Court judgment against a Venezuelan national oil company and its subsidiaries.
- Acting as junior counsel in the High Court for a local company engaged in the operation of a luxury hotel in Penang, its directors, the employees of its related entity and a holding company incorporated in Singapore, in defending a claim exceeding RM100million brought by a tenant alleging wrongful termination of tenancy. Acted in multiple interlocutory applications and related appeals to the Court of Appeal.
- Acting as lead counsel in the High Court for a company involving in the wholesale and retail distribution of global premium luxury vehicles in Malaysia, in defending a claim exceeding RM2million brought by a purchaser alleging defects in the vehicle.
- Acting as junior counsel for the Malaysian arm of a leading global paints and coatings company in arbitration proceedings under the auspices of the Singapore International Arbitration Centre (SIAC), in defending a claim exceeding RM6 million alleging a purported balance amount payable for the acquisition of shares in two local companies.
- Acting as junior counsel in the Court of Appeal for a local real estate company, in opposing an appeal filed against the High Court’s decision in dismissing the Appellant’s claims for purported breach of sale and purchase agreement, misrepresentation and negligence.
- Acting as junior counsel for a shareholder in the High Court, in defending a claim exceeding RM20million brought by individuals alleging conspiracy and seeking damages for monies purportedly paid for the purchase of shares in a public-listed company and as commission.
- Acting as junior counsel in the High Court for a Singaporean company, in defending a claim exceeding RM6million brought by a local company providing satellite communication services alleging conspiracy to divert or injure business to its detriment.
Advisory Work
- Assisted in advising a company operating rail services regarding possible avenues to challenge an award rendered by the Land Administrator to the landowner, exceeding RM280 million as compensation for acquired lands, and the prospects of pursuing an action to impeach a High Court order.
- Assisted in advising a bank on its right to terminate an agreement and the implications thereof, and the potential claims of the counterparty for license fees arising from overuse of its software products.
- Assisted in advising a bank on potential liability for charges claimed by the counterparty, the right to claim liquidated damages for delays in system commissioning, and the impact of the COVID-19 Act on the force majeure clause.
- Assisted in advising a semiconductor manufacturing company on its right to terminate a sale and purchase agreement for non-fulfilment of conditions precedent and the legal implications thereof.
- Assisted in advising a bank on the requirements under Co-Operative Societies Commission Act 2007 and SKM Directive to invest the statutory reserve fund in the co-operative deposit account with a third party.
- Assisted in advising a bank on a potential events of default under an Al-Kalafah facility agreement.
- Assisted in advising an American firm on Malaysian anti-bribery laws and corporate liability.
- Assisted in advising a bank on its rights against a counterparty under banking facilities agreements following breaches of negative pledges.
- Assisted in advising a bank on the enforceability of limitation of liability clauses in license agreements.
- Assisted in advising a telecommunications company on its right to indemnification under an insurance contract, its obligation to pursue recovery from an employee, the insurer’s subrogation rights and related limitation issues.
- Assisted in advising a leading insurance company on the possibility of unilaterally varying or cancelling Special COVID-19 Coverage Packages and the associated legal implications.
- Assisted in advising on potential breaches under Malaysia’s Direct Sales and Anti-Pyramid Scheme Act 1993, including the legal position on the illegality defence and available reliefs for contractual claims founded on illegality.
- Assisted in advising a Singaporean company on the potential liabilities of its nominee directors for their past conduct in a joint venture company.
- Assisted in advising a Singaporean firm on Malaysian law and recent judicial trend in medical negligence cases.
- Assisted in advising a smelting company on potential claims against a gas supplier/distributor for losses arising from the disruption of gas supply due to the fire incident at Putra Heights.
Memberships/Directorships
- Member of Malaysian Bar
- Member of Kuala Lumpur Bar
Publications
- Co-Author, “The Illegality Defence: Judicial Trend In Malaysia” [2018] 1 LNS(A) cxxviii published in CLJ Law Journal
- Co-Author, “The Rise and Fall of the Concept of Title In Continuation Void Ab Initio” published in CLO’s Bi-Annual Newsletter, encyCLOpedia (January-June 2019 Issue)
- Author, “No Escape from LAD Clauses: You Pay What You Agreed To!” The Sun Daily, Legally Speaking Column (July 2019)
- Co-Author, “Late Discovery of Latent Damage? Limitation Period has been relaxed by new Section 6A of Limitation Act 1953” published in CLO’s Bi-Annual Newsletter, encyCLOpedia (April 2020 Issue)
- Co-Contributor, Bullen & Leake & Jacob’s Malaysian Precedents of Pleadings (3rd Edition) – Chapter 34: Online Contracts and Domain Name Disputes
- Co-Author, “First Malaysian Judgment Recognising ICSID Arbitration Award” published in CLO Legal Updates (February 2024)
- Co-Author, “Malaysian Court of Appeal Affirms Recognition and Enforcement of ICSID Arbitral Award” published in CLO Legal Updates (May 2025)
