David Morais - Advocates and Solicitors - Landing Page
  • David Morais - Business Card - 274 Lorong Maarof, Bukit Bandaraya, 59100 Kuala Lumpur david@morais.com.my
  • David Morais - Profile

    Advocate's Practice

    Dato' M. David Morais is in the 26th year of his practice at the Malaysian Bar. His career has been entirely focused on advocacy both in court and in arbitration. More recently he accepts appointments as arbitrator. David appears in a wide range of commercial, corporate and banking disputes.

    David is usually engaged in complex matters, to provide strategic advice and to appear and present the case. He accepts instructions from both solicitors and lay clients, but where necessary, will assist the client in appointing suitable solicitors or junior counsel to work with him. Ms Karyn Khoo, has recently joined the practice and devils for David.

    He generally appears in the superior courts of West Malaysia and in local and international arbitrations but also supervises litigation in other jurisdictions. David has appeared in court in Singapore. Many of his cases are reported in the Malaysian and Singaporean law journals.

    When not practicing law, David may be found pursuing his other passion, polo. He is the Honorary Secretary of both the Royal Malaysian Polo Association and of the Royal Selangor Polo Club.

    Call / Admissions: High Court, New Zealand (1984); High Court, Malaya (1986); Solicitor, United Kingdom and Wales (1992); Supreme Court, Singapore (1992); High Court, Victoria (2004).

  • David Morais - Curriculum Vitae

    Curriculum Vitae

    Dato' M. David Morais

    Practice Address 274, Lorong Maarof
    59100 Kuala Lumpur
    T +603-2096 2006
    F +603-2096 2003

    Date of Birth 28 December 1959

    Call/Admissions Barrister and Solicitor, NZ, 1984Advocate and Solicitor, Malaya, 1986Solicitor, UK and Wales, 1992Advocate and Solicitor, Singapore, 1992Barrister and Solicitor, Victoria, 2004

    Tertiary LL.B, Victoria University of Wellington, New Zealand (1984)

    Island School, Hong Kong 1975 - 1979St. Xavier's School,New Delhi 1971 - 1975St. John's School, Kuala Lumpur 1970 - 1971Marymount School, Paris 1967 - 1970.

    Practice History M David Morais,
    2004 - Present
    Stamford Law Corporation Singapore, Consultant,
    2007 - 2009 (contemporaneous)
    Zaid Ibrahim & Co, Partner
    2002 - 2004
    M David Morais,
    1994 - 2003
    Sri Ram & Co, Associate,
    1992 - 1993
    1 Brick Court Chambers, London, mini-pupillage,
    Shearn Delamore & Co,Pupil in Chambers, Associate,
    1985 - 1991

    Practice Superior Court and Arbitration Practice, principally in Kuala Lumpur but including all the states of W. Malaysia and Singapore.All areas of commercial, corporate and banking law.

    Appointments Honorary Secretary, Royal Malaysian Polo AssociationHonorary Secretary, Royal Selangor Polo ClubAppeal Board, Football Association of Malaysia (2009 - 2010)Panel, Disciplinary Committee, Advocates and Solicitors Disciplinary BoardDarjah Indera Mahkota Pahang (DIMP)

  • David Morais - Cases

    Recent Engagements

    Doran v Kuan & 23 Others - for British investor in plastics recycling joint venture. Fiduciary duties, knowing assistance, piercing corporate veil, alter ego liability, constructive trust. 23 days High Court, 15 days Court of Appeal.

    Hospitalia ActiveHealth gmbh - for German hospital group in joint-venture for construction and operation of Sabah and W. Malaysian hospitals. Design, construction consultancy, operator and shareholders’ agreements. Interrelated arbitration and civil actions. Arbitration, High Court, Court of Appeal, Federal Court.

    Primus v EON Capital - for holding company of bank. Propriety of shareholders’ meeting to dispose of bank. High Court, Court of Appeal, Federal Court.

    Maybank Trustees v Pesaka Astana & Ors - for the Issuer. Islamic ABBA Bond issue, roles of Facility Agent, Lead Arranger, Trustee, indemnity and contribution. 10 days Court of Appeal, Federal Court (for leave).

    Sime Darby & Ors v Zubair & Ors - for 3rd party Supervisory Committee present and past members, and former directors. Indemnity and contribution, striking out. High Court, Court of Appeal.

    Alcim & Ors v Toralf Mueller & Ors - for Plaintiffs. Intellectual property, confidential information, breach of fiduciary duties, conspiracy. High Court.

    Public Bank v Pilecon Realty & Ors – for Respondent unsecured creditor. Limit on recoverable interest of secured creditor against insolvent debtor company. Court of Appeal, Federal Court.

    SIAC Arbitration - for a Malaysian port. Breach of Agency Agreement, enforceability of agreement, fiduciary duties. Singapore.

    KLRCA Arbitration - for a Malaysian bank. Sale of bundle of NPL, breach of warranty, interpretation of agreement. Kuala Lumpur.

    ICC Arbitration - party appointed arbitrator. Contractual dispute over logistics services for development project in Middle-East. Kuala Lumpur.

  • David Morais - Social and Community

    Social and Community

    Honorary Secretary, Royal Malaysian Polo Association

    Honorary Secretary, Royal Selangor Polo Club

    TrickleStar - green energy products

    Haemophilia - gene replacement therapy research

    Thurumbar Community - education initiative,
    South India