FARAH MOHD AFZAL
Partner
ABOUT
Farah binti Mohd Afzal graduated from International Islamic University, Malaysia with Bachelor of Law (Hons) in year 2002. She was called to the Bar in 2003 and started her practice as a Legal Associate with Messrs Mohamed Ismail & Co where she was exposed to corporate practice specifically in the area of Islamic banking transactions.
In 2010, she decided to go down the road of litigation and joined Messrs Azzat & Izzat and was exposed to the area of banking and general litigation where she appeared before the High Court, Court of Appeal and Federal Court for a host of cases involving commercial and civil disputes, particularly in cases involving commercial fraud, contract dispute, defamation, employment matters, contested banking disputes and land disputes. Ms. Farah joined Messrs. Ben Lee & Sharen as a Partner in February 2025.
AREAS OF PRACTICE
- Civil Litigation
- Contractual Disputes & Commercial Disputes
- Land Disputes
- Construction Disputes
- Shareholder and Company Disputes
- Probate and Will matters
- Bankruptcy and Winding-Up proceedings, restructuring and liquidation
- Employment matters
- Alternative dispute resolution (ADR) processes i.e. Construction Industry Payment and Adjudication Act, Mediation, and negotiations
- Bankruptcy matters, Winding-Up proceedings, restructuring and liquidation
- Probate and Estate matters.
- Banking Litigation
- Corporate and Commercial
QUALIFICATION & ASSOCIATION
- Advocate & Solicitor
- High Court of Malaya
- LL.B Hons (Bachelor of Laws)
- International Islamic University Malaysia (IIUM)
NOTABLE ASSIGNMENTS
- Successfully defended rights of 23 subsequent purchases in the case of Abdul Raouf Ab Rahman & Ors v. Petplus (M) Sdn. Bhd. & Ors [2013] 1 LNS 1314.
- Successfully represented Client’s claim for outstanding rental and delivery of vacant possession in the case of Mariana Omar & Anor v. Truck Okamura Sdn. Bhd [2018] 1 LNS 430.
- Successfully resisted Bank’s claim for summary judgment to recover outstanding sum due under financing facility in the case of Bank Kerjasama Rakyat Malaysia Berhad v. PSC Naval Dockyard Sdn. Bhd [2008] 1 CLJ 784.
- Attempted to set aside a winding-up order entered against Client in the case of Megah Teknik Sdn. Bhd. v. Miracle Resources Sdn. Bhd [2010] 6 CLJ 745.
- Acted as counsel for a Malaysian statutory body, a Defendant in a tortious suit involving an upwards claim of RM 190,000,000.00 for trespass and negligence. Successfully resisted the suit whereby the High Court dismissed the claim with findings of, inter alia, no liability whatsoever was established against client.
- Resisted a claim by defaulting borrower against client, a financing institution in setting aside the entire claim on the grounds the facility is not in accordance with Islamic principles.
- Acted as counsel for a Malaysian statutory body, a Defendant in defamation cum commercial suit involving an upwards claim of RM 6,400,000.00 for loss of reputation and business.
- Acted as counsel for an architect in a construction claim pursuant to an adjudication under CIPAA in relation to unpaid interim fees.
Successfully obtained Mareva injunction against the defendant to prevent the dissipation of assets pending enforcement of the Adjudication decision. - Acted as counsel for a local actor, a Defendant in a commercial suit involving a claim of RM 200,000.00 for breach of contract. Suit involved novel question of whether the onset of Covid-19 pandemic warrant a breach for non-performance of contract. Successfully negotiated and reached an out of Court settlement.
- Acted as a counsel for a developer company in a claim involving trespass onto Client’s Land. Successfully negotiated and reached an out of Court settlement.
- Acted as a counsel for a minority shareholder in a minority oppression matter at the Kuala Lumpur High Court. Managed to obtain favorable remedy for client.
- Acted as counsel for a Malaysian Higher Education Institute for breach of contract involving a construction dispute for the sum of RM 5,860,000.00.
- Successfully defended a client in protecting his rights and ownership over a property purchased through private auction. The High Court dismissed the claimant’s claim in total.
- Successfully initiated a contempt proceeding against defaulters for failing to comply with Consent Judgment recorded in favor of Client.
- Successfully resisted a claim involving breach of facility agreement whereby all application to set aside the Consent Judgment and executions were dismissed by the court in totality.
- Successfully obtained a certiorari under Order 53 Rule 8 (2) of the Rules of Court to terminate a decision made by a local council against client.
- Successfully resisted a claim involving Plaintiff in registering an Arbitration Award pursuant to section 27 of the Arbitration Act 1952 (Act 93) on the basis that the said Application was defective and a nullity.