Selected Matters
The matters below are representative of Sarah’s experience throughout her practice. They include matters undertaken prior to the establishment of Sarah Ho Chambers as well as matters currently undertaken by the firm. They are included to illustrate the breadth and nature of her experience.
Land, Property & Trusts
Acting for the administratrix of an estate in a land dispute spanning several decades, concerning the recovery of multiple parcels of land following a series of third-party transfers, commercial transactions and registered charges. The proceedings raise issues of fraud, breach of trust, constructive trusts, indefeasibility of title, and the rights of subsequent purchasers and chargees under the National Land Code.
Acted for a charitable entity in a dispute concerning the ownership of land occupied by a government-aided school, raising novel questions on legal personality under the Education Act 1996, equitable interests in land, expectation of title and indefeasibility of title under the National Land Code. The High Court and Court of Appeal decisions are reported in Silvam a/l Sellapan & Anor v Tamilselvam a/l Velusamy & Ors [2020] MLJU 1800 and Silvam a/l Sellapan v Tamil Selvam a/l Velusamy & Ors [2023] 2 MLJ 279.
Acted as junior counsel for the appellant in Court of Appeal proceedings arising from a long-running dispute concerning valuable estate land and the administration of trust property. The appeals involved the construction of a will, codicil and trust deed, the distinction between charitable and private trusts, the application of the doctrine of cy-près, and the effect of historical court orders on the administration of trust property. The Court of Appeal decision is reported in David Cheah Seng Chye v So Miau Song & Ors and other appeals [2023] 3 MLJ 726.
Acted as junior counsel in proceedings concerning trust property held for a school and the legal status of a school board constituted under the Education Act 1996. The dispute raised questions of statutory interpretation, legal capacity to sue and be sued, representative proceedings and the administration of trust property held for a school. The Court of Appeal decision is reported in Datuk Seri Poh Geok Seng & Ors (for and on behalf of the School Board of SJK(C) Pay Fong 1 Melaka) v Pang Siew Fian & Anor and other appeals [2024] 1 MLJ 46. The decision was subsequently overturned by the Federal Court in favour of the client.
Acted as junior counsel in consolidated Federal Court appeals arising from land and share sale transactions involving allegations of fraud, breach of trust and forged documentation. The appeals concerned, among other issues, the burden of proof in forgery claims, the treatment of handwriting evidence and the evidential weight to be given to attesting witnesses. The Federal Court decision is reported in Teoh Kiang Hong v Theow Say Kow & Other Appeals [2025] 2 CLJ 683.
Intellectual Property
Acting for an established local fashion brand and retailer in High Court and Court of Appeal proceedings against a globally recognised luxury fashion house, defending the validity of multiple registered trademarks. The dispute involved competing trademark rights, likelihood of confusion, proprietorship, concurrent rights and challenges to decisions of the Registrar of Trademarks.
Acted as junior counsel for a world renown specialist lubricant manufacturer in proceedings concerning the breach of confidence and the misuse of confidential and proprietary information. The dispute raised significant questions concerning the nature and scope of protectable confidential information, including the legal ownership of such information.
Acted in one of the earliest reported decisions under the Trademarks Act 2019 concerning partial revocation of a registered trademark for non-use, including questions of genuine use and interpretation of the 2019 Act. The Court of Appeal decision is reported in Transferwise Ltd v Public Bank Bhd [2024] MLJU 2866. The matter is pending decision from the Federal Court.
Assisted as junior counsel for a Malaysian manufacturer of oil palm processing machinery in a patent litigation before the Court of Appeal and the Federal Court concerning the validity of a registered patent, prior art, inventive step and pleading requirements in patent invalidation proceedings. The Federal Court decision is reported in YKL Engineering Sdn Bhd v Sungei Kahang Palm Oil Sdn Bhd & Anor [2022] 6 MLJ 1.
Acted for a leading Japanese noodle manufacturer in High Court and Court of Appeal proceedings concerning a foreign proprietor’s trademark rights in Malaysia, trademark invalidation, prior proprietorship, likelihood of confusion, passing off and copyright infringement. The High Court decision is reported in Hakubaku Co Ltd v Asiamega Food Manufacturers Sdn Bhd [2018] MLJU 1820.
Employment & Industrial Relations
Acting as junior counsel for a former employee of a statutory body in a wrongful dismissal suit arising from disciplinary action taken against her for participating in activities and public assemblies outside office hours. The High Court ruled in the employee’s favour, finding that her dismissal was unlawful and that the disciplinary proceedings breached the principles of natural justice. The case also involved questions concerning the assessment and recoverability of damages, particularly whether damages for wrongful dismissal may extend beyond the contractual notice period. The matter is pending appeal before the Court of Appeal.
Assisted as junior counsel for an established trade union in Court of Appeal proceedings challenging the recognition of a competing trade union representing railway employees. The appeal raised issues concerning trade union recognition under the Industrial Relations Act 1967, the interplay between the Industrial Relations Act 1967 and the Trade Unions Act 1959, and the application of natural justice and legitimate expectation to decisions affecting existing trade union representation. The Court of Appeal decision is reported in Kesatuan Pekerja-Pekerja Keretapi Tanah Melayu Bhd v Menteri Sumber Manusia & Ors [2021] 5 MLJ 180.
Acted for a joint management body in defending an unfair dismissal claim before the Industrial Court arising from a restructuring exercise and the outsourcing of property management functions. The matter involved genuine redundancy, performance management, performance improvement measures, and whether the termination was justified following a reorganisation of the employer's operations.
Acted for a hotel employees' union in industrial relations disputes concerning collective employment rights, recognition and the enforcement of statutory protections afforded to union members.
Acted for a private hospital in employment proceedings involving allegations of employee misconduct and workplace sexual harassment.
Strata Management
Family & Matrimonial Law
Acting for a management corporation in High Court proceedings involving a dispute with a majority parcel proprietor over the governance and management of a strata development and substantial arrears of maintenance charges and sinking fund contributions. The proceedings raise issues concerning the statutory obligations of parcel proprietors, voting rights and disqualification arising from outstanding charges, the validity of general meetings and management committee elections, quorum requirements, and challenges to the management corporation's expenditure and maintenance of common property. The matter also concerns whether alleged irregularities in management and governance entitle a parcel proprietor to withhold or unilaterally determine its contributions. An application has been made for the determination of preliminary questions of law to resolve or substantially narrow the issues without a full trial.
Acting for a management corporation in proceedings against a property developer and its appointed management company arising from the management and financial affairs of a condominium development. The dispute involved the recovery of maintenance and sinking fund monies collected from parcel proprietors, alleged breaches of statutory and fiduciary duties, and the developer's failure to fully account for and transfer funds and management records following the establishment of the joint management body. The proceedings involved issues concerning the beneficial ownership of management funds, constructive trusts, the accountability of developers and their managing agents, and the circumstances in which liability may be imposed on related corporate entities.
Commercial Disputes
Acting as junior counsel for a fund management company in High Court proceedings involving a substantial investment dispute. The claims concern alleged financial irregularities, breaches of statutory and professional duties, negligence and misrepresentation, raising significant issues of corporate and financial services liability under the Capital Markets and Services Act 2007.
Assisted in the Federal Court proceedings arising from a RM10 million investment dispute involving the unauthorised transfer of funds by an investment bank. The issues concerned the scope of a financial institutions’ duty of care to non-customers, liability in negligence for pure economic loss, the effect of internal banking procedures and the circumstances in which a duty of care may arise independently of a contractual relationship. The matter culminated in a Federal Court decision overturning the Court of Appeal's finding of liability against the investment bank. The case was brought under RHB Investment Bank Berhad v Koperasi Sahabat Amanah Ikhtiar Berhad (Federal Court Civil Appeal No. 02(f)-98-11/2022(W)).
Acted as junior counsel in a matter involving the division and distribution of substantial matrimonial assets, including multiple properties, company shareholdings, investments and bank balances. The Court of Appeal considered important principles governing the identification, valuation and equitable division of assets acquired before and after marriage under the Law Reform (Marriage and Divorce) Act 1976. The decision, involving an award of approximately RM20 million to one spouse, was subsequently affirmed by the Federal Court.