Thevan Aruljothi
Associate
Thevan Aruljothi is an associate at Daniel & Wong and is part of the firm’s Dispute Resolution department. He specialises in corporate and commercial litigation, with a principal focus on shareholder and corporate disputes, fraud and asset recovery, contractual disputes, insolvency and winding up matters.
Thevan read law at the University of London and thereafter obtained his Certificate in Legal Practice. He was admitted as an Advocate & Solicitor of the High Court of Malaya in 2023.
As regards corporate disputes, Thevan assisted in successfully securing multiple layers of urgent injunctive reliefs for one of Malaysia’s largest medical laboratories in a contentious joint venture partnership dispute involving serious allegations of fraud, misappropriation of funds and assets, and the unlawful use of confidential information and intellectual property.
He has also acted and successfully assisted in securing a judgment for one of Malaysia’s largest steel mills in a contractual dispute against another key player in the Malaysian steel industry. The significance of this matter lies in the nuanced and complex issues of law involved.
Thevan further dabbles in other areas of the law, including banking litigation, personal and corporate insolvency, disciplinary proceedings, land disputes, contentious probate matters, administrative law matters and judicial review.
Some of Thevan’s notable matters include: –
- Assisted in representing one of Malaysia’s largest medical laboratories in a joint venture dispute involving serious allegations of fraud, misappropriation of funds and assets, misuse of confidential information, and diversion of business and clients.
- He assisted successfully in obtaining multiple forms of injunctive relief, including:
- an Anton Piller Order for the disclosure and preservation of key evidence;
- an injunction order restraining the unlawful use of confidential information and intellectual property; and
- a Mareva Order to freeze the assets of the joint venture partner and the associated vehicles of fraud, in light of the risk of dissipation.
- This matter also involved novel jurisdictional questions between the High Court of Malaya and the High Court of Sabah & Sarawak.
- He assisted successfully in obtaining multiple forms of injunctive relief, including:
- Assisted in acting for the majority shareholder of a prominent Malaysian company in a high-stakes shareholder dispute involving claims of deceit and specific performance of an alleged agreement to sell the client’s equity stake at an undervalued sum of RM150 million. The litigation involved defending multiple urgent interlocutory applications, including two successive Mareva-type freezing orders, disclosure orders, and an interim preservation injunction to safeguard assets and interests pending trial.
- Assisted in acting for a prominent Malaysian construction firm in high-value court proceedings against an international arbitration consultancy for breach of fiduciary duties. Thevan successfully assisted the team in advancing the client’s case, with the High Court’s decision establishing new legal precedent on the regulation of arbitration consultants and their professional obligations. The matter is currently pending appeal before the Court of Appeal.
- Assisted in representing Canadian-based clients in a complex cross-jurisdictional claim for the recovery of over USD 76 million based on causes of action including conversion, fraud, breach of trust, and breach of fiduciary duties. The matter involved parallel proceedings in multiple jurisdictions across Asia, Europe, North America and Australia and involved extensive injunctive relief, including freezing, discovery, and tracing orders, alongside a range of intricate legal issues.
- Assisted in representing a prominent property developer in a financing dispute with a government-linked financial institution involving claims of negligence, breach of contract, breach of fiduciary duty, economic duress, illegality, and unconscionability. The dispute arose from an Islamic financing facility extended for a construction and development project, where the financial institution had repeatedly delayed the drawdown of funds, severely impacting the project timelines. Thevan successfully assisted in obtaining an interlocutory injunction restraining the institution from recalling the facility pending the outcome of the suit. The matter was subsequently referred to the Shariah Advisory Council to determine the Shariah compliance of the financing instruments and was ultimately resolved amicably.
- Assisted in acting for a large financial group in proceedings concerning the recovery of significant debts from the estate of a deceased bankrupt. The deceased was the son of a well-known corporate personality and was adjudicated a bankrupt owing hundreds of millions to creditors. The deceased was, however, believed to have been willed substantial properties and monies.
