Sathya Kumardas

Sathya Kumardas is a Partner at Shearn Delamore & Co., specializing in Dispute Resolution. She is an experienced litigator appearing in all levels of the Malaysian Courts, handling commercial and corporate disputes, banking disputes (both conventional and Islamic), insolvency and receivership matters, anti‑money laundering, investigations and crisis management, fraud and asset recovery, debt recovery, and tortious claims. She also handles land and real property disputes, energy law disputes (including electricity theft and way‑leave issues), and has represented the Election Commission in election petition actions.

Sathya has acted for local financial institutions in investigating and taking legal action against employees and third parties for fraud and conspiracy, and in recovery of financing and enforcement of securities, including syndicated cross‑border recoveries. She successfully defended a financial institution in Sphere Management (Mauritius) Limited & Ors v. CIMB Bank Berhad, establishing that there is no Quincecare duty in transactions made by reason of scam by third parties, a decision upheld by the Federal Court. She also represented a financial institution in defending an action seeking to set aside a foreclosure sale, with the Federal Court clarifying the scope of a chargee's duty regarding reserve prices in auction sales. She successfully defended a Receiver and Manager in a complex action involving fraud, forgery, and limitation issues, with the decision upheld at all levels including the Federal Court. She also acted for the trustee on behalf of Sukukholders in successfully resisting a judicial management application and obtaining leave to enforce securities in a highway concession case, and successfully defended a shopping mall landlord against wrongful termination claims brought by tenants.

Sathya holds an LL.B (Hons) from the University of West England, Bristol (2001) and was called to the Bar of England & Wales in 2002. She was admitted as an Advocate & Solicitor of the High Court of Malaya in 2003. She is a member of the Malaysian Bar, the International Bar Association, and the Insolvency Practitioners Association of Malaysia.