On 01.07.2022, the firm had a Continuing Legal Education (CLE) session on ‘The Defence of Illegality in Contract Law’ with Puan Choong Shaw Mei, a lecturer from the Law Faculty of the University of Malaya (UM).   

Puan Choong has been a part-time lecturer at UM for the past 20 years, and she teaches contract law, remedies, equity, and legal method.  She was formerly the Head of Legal at Malayan Banking Berhad.  She also practiced at Adnan Sundra & Low, Mah Weng Kwai & Associates, and Skrine & Co. 

Most of the firm’s lawyers and a few law students from UM attended this CLE session.  During this session, Puan Choong delved into the Malaysian position on the defence of illegality, with a focus on Sections 24 and 66 of the Contracts Act, 1950. 

Puan Choong also explained the reception of Patel v Mirza [2016] UKSC 42 in the Malaysian Courts and also touched on the various policy considerations contemplated by the Courts. Among the many authorities discussed were the seminal cases of Public Bank Bhd v Ria Realiti Sdn Bhd [2021] 4 MLJ 537 and Liputan Simfoni Sdn Bhd v Pembangunan Orkid Desa Sdn Bhd [2019] 4 MLJ 141.

Further, Puan Choong discussed the commercial impact of the defence of illegality when it is properly and improperly applied.

Puan Choong has written an article on this subject in the Malayan Law Journal, entitled “The Defence of Illegality in Contract Law — A Conundrum Resolved? [2022] 3 MLJ lxvi”.

After Puan Choong’s presentation, our Ahmad Iyas Husni shared his experience in relying on the case of Liputan Simfoni in his work. The law students from UM were also given a tour and introduction to the firm. We also shared our experience in legal practice to the students.

All in all, this CLE session was fruitful and insightful. We at Thomas Philip are very fortunate to have Puan Choong share her expertise with us in this area.