At Messrs. Ganesh Azhar & Associates, we provide specialised expertise in resolving disputes arising under the Construction Industry Payment and Adjudication Act 2012 (CIPAA). Our firm is recognised for its ability to manage complex payment and construction disputes, from adjudication proceedings to subsequent enforcement or setting-aside applications in the High Court.
We act for a wide spectrum of clients including developers, contractors, subcontractors, and consultants in matters such as:-
- Commencing and defending adjudication claims under CIPAA.
- Enforcement of adjudication decisions in the civil courts.
- Applications to set aside or stay adjudication decisions.
- Disputes involving Liquidated Ascertained Damages (LAD), variation works, and retention sums.
- Performance bond disputes and termination-related claims.
Our experience in this field is also reflected in notable cases, including:
- PI BRILLIANT BERHAD V ISLAH MEGA SDN BHD [2024] MLJU 70
- CONCRETE EMPIRE SDN BHD V TURNPIKE SYNERGY SDN BHD [2023] MLJU 2452
- PECK CHEW PILING SDN BHD v PANZANA ENTERPRISE SDN BHD [2022] MLJU 390
- GLOCAL TECH ENGINEERING SDN BHD v PANZANA ENTERPRISE SDN BHD [2021] MLJU 474
- PANZANA ENTERPRISE SDN BHD V MKP BUILDERS SDN BHD [2021] MLJU 1503
- PANZANA ENTERPRISE SDN BHD V MKP BUILDERS SDN BHD AND ANOTHER CASE [2021] MLJU 386
- PC GEOTECHNIC SDN BHD V PANZANA ENTERPRISE SDN BHD [2020] MLJU 2453
Our strength lies not only in navigating adjudication effectively, but also in advancing or defending subsequent court proceedings with precision, ensuring that our clients’ commercial interests are fully protected at every stage.
JUDICIAL MANAGEMENT & CORPORATE RESCUE
Corporate distress can present serious risks to the survival of a business. At Messrs. Ganesh Azhar & Associates, we are at the forefront of Judicial Management applications and other corporate rescue mechanisms under the Companies Act 2016, offering practical solutions to safeguard and rehabilitate companies in financial difficulty.
We regularly advise and represent companies, directors, and creditors in matters including:-
- Applications for Judicial Management Orders (JMO) to facilitate restructuring and recovery.
- Opposing or supporting creditor-led Judicial Management applications.
- Securing moratorium protections to preserve businesses against winding-up threats.
- Developing restructuring strategies and negotiating with stakeholders.
Our approach combines legal expertise with commercial insight, allowing us to design tailored solutions that protect businesses, preserve value, and balance the interests of creditors, shareholders, and other stakeholders.
EMPLOYMENT & INDUSTRIAL RELATIONS
Employment relationships form the foundation of every business. When disputes arise, they can disrupt operations, damage morale, and expose businesses to legal risk. At Messrs. Ganesh Azhar & Associates, we provide clear, strategic guidance to both employers and employees in navigating the complexities of Malaysian employment law.
We regularly advise on matters including:
- Wrongful dismissal and constructive dismissal claims
- Termination and breaches of employment agreements
- Breach of confidentiality and restrictive covenants
- Retrenchment, redundancy, and restructuring exercises
- Misconduct, disciplinary action, and domestic inquiries
Our priority is to deliver solutions that are fair, practical, and aligned with the long-term interests of both employers and employees.