Henry Poh

– ASSOCIATE –

Henry graduated with a Bachelor of Laws (Hons) from University of Essex in 2019 and completed his Bar Professional Training Course (BPTC) in 2020. In 2022, he was called to the Bar of England and Wales, and was admitted as an advocate and solicitor of the High Court of Malaya.

Henry began his legal practice at the chambers of former Federal Court Judge, Datuk Seri Gopal Sri Ram, and subsequently joined MahWengKwai & Associates in 2023.

Henry often worked on complex civil disputes relating to contract, construction, trust, corporate fraud, land acquisition and constitutional matters at the Federal Court and Court of Appeal. Henry’s other areas of practice include general civil litigation, company law and employment law.

Career

2023    Associate, MahWengKwai & Associates

2023    Associate, Bodipalar Ponnudurai De Silva

2022    Associate, Sri Ram

2021    Pupil-in-Chambers, Munhoe

2019    Intern, Guildhall Chambers

Educational Achievements

2020    Bar Professional Training Course (Middle Temple)

2019     Bachelor of Laws, University of Essex

Particular litigation experience

• Assisted in defending an unjust enrichment claim arising from a sale of land agreement which concerns the contractual breach, the validity of retrospective sanctions granted by the Director General of Insolvency, and the locus standi of a director being a bankrupt contributory under section 438 of Companies Act 2016.
• Assisted in a contractual bank loan dispute amounting to RM 113 million which concerns the breach of Tawarruq facility agreements and the enforceability of collateral agreements made towards the bank financing rate and profit rate.
• Assisted in a land acquisition dispute amounting to RM 290 million which concerns the legality of the withdrawal of acquisition by government bodies under section 35 of Land Acquisition Act 1960 and the legal interpretation of section 18 and 22, in light of Article 13 of the Federal Constitution and Hansard.
• Assisted in a constitutional dispute involving a judicial review application against the 15th Malaysian General Election (GE15) on grounds of illegality, irrationality and procedural impropriety which encompasses the justiciability of prerogative powers under the Federal Constitution.
• Assisted in a fraudulent loan dispute amounting to RM 18 million which encompasses the applicability of Turquand rule and the illegality of the consent judgement, agency agreements and settlement agreements involving 23 foreign companies.
• Assisted in a breach of trust dispute amounting to RM 6.1 million which originated from a fraudulent housing development scheme led by a former minister concerning 160 participants, and the interpretation of common law remedies in light of Order 37 Rule 1 of Rules of Court 2012.
• Assisted in a pensions dispute concerning the interpretation of Statutory and Local Authorities Pensions Act 1980, the retrospectivity of subsequent amendments, and the applicability of the doctrine of laches in light of section 22 of Limitation Act 1953.
• Assisted in a corporate fraud dispute amounting to RM 18 million which concerns the duplicity of judgements, the principles of res judicata and the application for contribution in light of section 10 of Civil Law Act 1972.