Partner
Peter Justin Skelchy
Peter Skelchy is an accomplished advocate with over 26 years of experience in high-value, complex commercial, corporate and civil disputes
_Resize.jpg)
Profile
Peter Skelchy is an accomplished advocate with over 26 years of experience in high-value, complex commercial, corporate and civil disputes. Within that time, he has appeared in all divisions of the High Court in Malaya, the Industrial Court, the Court of Appeal and the Federal Court. The cases he has handled have been reported in the Malaysian Law Journals and even referred to in judgments in the United Kingdom.
Known for his exceptional attention to detail and strategic thinking, he has a reputation for working hard to achieve his clients' objectives. He was called to the Malaysian Bar in 2000, after having read law at the University of Leeds in the United Kingdom.
Work Highlight
Administrative & Public Law
- Acted for the State Finance Officer of the State of Pahang at the High Court, Court of Appeal and Federal Court in opposing a judicial review application to apply for an order of mandamus (see: Seruan Gemilang Makmur Sdn Bhd v. Pegawai Kewangan Negeri Pahang [2016] 2 MLRA 597).
Arbitration
- Acted in an arbitration for a Malaysian party in a claim brought by a company registered in the Kingdom of Thailand relating to a contractual dispute involving a petroleum development project.
Civil & Commercial Litigation
- Acted for a publicly listed software company in a contractual dispute arising from a financial software development contract where the court held that the statutory body was not entitled to rescind the agreement and awarded the software company RM6,638,396.30 in losses and damages for works performed (see: Amanah Raya Berhad v Mesiniaga Berhad [2024] 3 AMR 258).
- Acted for a public listed company in a commercial fraud litigation matter against an Indonesian entity and 2 former directors where the court found the former directors liable for breach of fiduciary and statutory duties, and conspiracy to defraud and injure, resulting in a USD 27 million award (decision upheld by Court of Appeal) (see: Protasco Bhd v PT Anglo Slavic Utama & Ors [2023] MLJU 2435).
- Acted for a public listed company in a landmark Federal Court case establishing that Section 7 of the Bankers' Books (Evidence) Act 1949 allows direct inspection of banking records without the procedural constraints of Order 24 of the Rules of Court 2012 (see: Protasco Bhd v Tey Por Yee & Anor and other appeals [2021] 6 MLJ 1). Note: The High Court decision was subsequently referred to in Meng v HSBC Bank plc and others [2022] QB 71 (England and Wales King's Bench Division).
- Acted for a public listed company in a Court of Appeal matter concerning a stay of court proceedings granted to non-parties to an arbitration agreement (see: Protasco Bhd v Tey Por Yee and another appeal [2018] MLJU 993).
- Acted for a public listed company, its subsidiary and its director at the High Court and Court of Appeal against a claim premised on breaches of trust, fiduciary and statutory duties and contract, negligent misstatement and the tort of conspiracy to injure (see: Seow Hoon Hin v Hartalega Holdings Bhd & Ors [2019] 5 MLJ 421).
- Successfully defended a financial institution against a claim premised on the tort of negligence (see: Sugi Sinar Sdn Bhd v Bank Muamalat Malaysia Berhad; Small Medium Enterprise Development Bank Malaysia Berhad (Third Party) [2017] MLRHU 37).
- Acted for the appellant in a landmark Federal Court case on whether an order made by the Court of Appeal under Section 44 of the Courts of Judicature Act 1964 is appealable under Section 96(a) of the CJA (see: Metramac Corp Sdn Bhd v Fawziah Holdings Sdn Bhd [2006] 4 MLJ 113).
- Acted for a company in proceedings against a state-owned national land development agency in a claim for unjust enrichment seeking damages of RM170 million.
- Acted for family members in a claim for willful default and misconduct in the administration of the estate of a deceased patriarch of a prominent family with a substantial interest in a bank.
- Acted in proceedings for various injunctions including Mareva (Freezing) Injunctions, Anton Piller, and Erinford Injunctions.
- Acted in proceedings for stay of legal proceedings including stay pending arbitration, stay pending appeal, and stay pending determination of other suits.
Corporate Litigation & Shareholders' Disputes
- Successfully represented the shareholder of Papparich Group Sdn Bhd at the High Court and Court of Appeal in a claim for breach of an oral share acquisition agreement (see: Chen Khai Voon v Lim Beng Guan [2021] MLJU 2778 (HC)).
- Acted for a public listed company in successfully striking out a derivative action brought by a minority shareholder (see: Kingdom Seekers Ventures Sdn Bhd v Dato' Sri Chong Ket Pen & Ors [2015] MLJU 390).
- Acted for a public listed company and its major shareholders in a claim brought by a shareholder for breach of trust and breach of statutory duties pursuant to the Capital Markets and Services Act 2007.
- Acted in proceedings on oppression of shareholders, shareholder disputes, petitions to wind up companies, and injunctions to restrain the removal of directors and transfer of shares.
- Acted in proceedings for directors to inspect a company's accounting records.
News & Articles
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
17
Jul 2024
July 17, 2024
Case Highlight
Termination of Software Development Contracts - Amanah Raya Berhad v Mesiniaga Berhad [2024] 3 AMR 258
8
May 2024
May 8, 2024
Case Highlight
PROTASCO BHD v. PT ANGLO SLAVIC UTAMA & ORS [2023]
12
Sep 2018
September 12, 2018
News
A condominium burdened by a prolonged legal battle
5
Sep 2023
September 5, 2023
News
Ex-Protasco director Tey, associate ordered to pay company RM84m over aborted Indonesia O&G deal
7
Mar 2017
March 7, 2017
Case
Mesiniaga faces contingent liability of RM8.2m in suit by Amanah Raya
1
Jun 2026
June 1, 2026
Article
Leave Requirement to Commence Proceedings Against a Liquidator: Does It Apply to Any Person?
Qualifications
- Advocate and Solicitor, High Court in Malaya (2000)
- Certificate in Legal Practice (1999)
- BA Laws (Hons), University of Leeds, United Kingdom (1997)
Contact
