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ABOUT SAHAIN

SAHAIN is an alum of National University of Malaysia, where he successfully completed his legal education. Under the mentorship of Joachim Xavier, he underwent pupillage before earning an admission as an Advocate & Solicitor of the High Court of Malaya in 2022.

Driven by a curiosity to navigate the complexities of legal practice, Sahain holds a keen interest in general civil litigation and criminal law. His passion extends to constitutional law and parliamentary procedure, showcasing a comprehensive and diverse legal appetite.

During his university days, Sahain was an active student activist, contributing significantly to the initiation of the first student-run campus election. His noteworthy contribution includes drafting the University Rules governing campus elections, a testament to his commitment to democratic processes.

With a firm belief in the crucial role of the legal fraternity in upholding the rule of law in Malaysia, Sahain aspires to leverage his legal education for the betterment of society and the country. Actively involved in training mooters at his alma mater, he is dedicated to nurturing the next generation of legal minds.

Sahain plays a pivotal role at XK Law, closely collaborating with partners and associates to conduct research on various legal points and develop strategic approaches for individual cases. Proficient in both English and Malay, Sahain brings a valuable linguistic versatility to his professional endeavours. His dedication to legal scholarship and practical application reflects a promising commitment to the field.

EDUCATION & QUALIFICATION

    • Advocate & Solicitor of the High Court of Malaya
    • LLB (Hons), University Kebangsaan Malaysia

AREAS OF PRACTICE

      • Banking law
        – Bankruptcy / Insolvency
      • Contract law
      • Company law
      • Constitution law
      • Consumer Protection law
      • Criminal law
      • Employment law / Industrial Relations
      • Family law
      • General litigation
      • Intellectual Property
      • Land law
        – Tenancy & Landlord disputes
      • Strata Management law
      • Tort law
        – Negligence
        – Occupier’s Liability
        – Trespass

SIGNIFICANT PIECES OF WORK

  • Tort Law (Trespass to Land)

    Part of a team representing a holder of a Temporary Occupation License in appeals on the assessment of damages. Assisted in drafting questions of law and successfully obtaining the leave to appeal to the Federal Court on the same. Strategised submissions on the merits of these questions of law and successfully opposed the Respondents’ appeals at the Federal Court.

  • Employment Law (Claim for Unpaid Wages)

    Represented 93 migrant workers who were victims of labour law violations. Pursued claims for these workers against their former employer for unpaid wages. Obtained judgment for more than RM750,000.00 and successfully argued that migrant workers are entitled to be paid wages from the date of their arrival in Malaysia.

  • Tort Law (Occupier’s Liability)

    Represented a renowned brand in a claim made by customers visiting their premises. The claim was pursued on the occupier’s liability basis. Successfully argued the limited scope of an occupier’s liability under Malaysian Law and opposed the claim.

  • Banking Law (Winding Up Proceedings)

    Represented a logistics company in a contested winding up for a debt exceeding RM6 million, where no prior judgment had been obtained on the debt. Successfully obtained a Winding Up Order, successfully opposed the Respondent’s appeal to the Court of Appeal and successfully opposed the Respondent’s motion for leave to appeal to the Federal Court.

  • Intellectual Property

    Part of a team representing a company in a claim for breach of copyright. Successfully obtained judgment for statutory damages of RM100,000.00 under the Copyrights Act 1987.

  • General Litigation (Civil Procedure)

    Represented an individual residing in a foreign country who had been served with an originating process from a Malaysian Court. Applied for service of the originating process to be set aside and successfully defeated the claim in its entirety.

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