GOH PENG HONG
吴炳宏

GOH PENG HONG 吴炳宏

Bachelor of Laws (LLB) (Hons) University of London

Certificate in Legal Practice (CLP)

Mr. P.H. Goh, aged 52 was born in Muar, Johor. He received the primary education in his hometown before completing the secondary education in Bukit Bintang Boys’ School in Petaling Jaya, Selangor.

In 1992, he obtained a second class lower degree from University of London. Thereafter, he obtained the Certificate of Legal Practice the following year. He was admitted as an Advocate and Solicitor of the High Court of Malaya on the 19th January, 1995.
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Prior to active legal practice, he had lectured and tutored law subjects in a private institution of higher learning. In the course of the legal practice, he has acquired skills mainly in civil and corporate litigation, with appearances before the Arbitration, Tribunal, from the Subordinate Courts to the Superior Courts throughout the Peninsular. There are several landmark cases in the Federal Court and other reported cases in the law journals.

Reported Cases:

Majlis Perbandaran Seberang Perai v. Tenaga Nasional Bhd [2003] 4 MLJ 781 & [2005] 1

MLJ 86;

Majlis Daerah Dungun v. Tenaga Nasional Bhd [1998] 1 MLJ 708 & [2009] 6 MLJ 322;

Tenaga Nasional Berhad v. Perwaja Steel Bhd [1995] 4 MLJ 673 & [1998] 1 713;

Lembaga Kemajuan Tanah Persekutuan v. Tenaga Nasional Bhd [1997] 2 783;

Tenaga Nasional Bhd v. Prorak & Anor [2000] 1 MLJ 479;

Tenaga Nasional Bhd v. Kesang Trading Sdn Bhd [2002] 6 MLJ 1

Krishnan Rajan A/L N Krishnan v Bank Negara Malaysia & Ors [2003] 1 MLJ 149;

Krishnan Rajan A/L N Krishnan v Public Bank Bhd [2004] 1 MLJ 289;

PRACTISING EXPERIENCE:

A: Rating Cases:-

1. Land Tribunal (Case 1/94) established under Article 156 Federal Constitution – assisting the conducting officer, En. Abu Bakar bin Awang Ngah;

2. MPSP v LLN (writ of certiorari action by the MPSP to quash Land Tribunal’s award, both in the High Court and the Federal Court);

3. MPSP v TNB (leading counsel for the landmark decision on rates claim under the Local Government Act, 1976 against Seberang Perai Power Station, both in the High Court

and the Federal Court) ;

4. MDD v TNB (leading counsel for conducting the trial and appeal; assisting counsel for the appeal to the Federal Court for rates claim against the Paka Power Station, Terengganu for the value of rating claim for over RM97 million, see);

5. MDHT v TNB (representing TNB in the objection hearing and filing the appeal to High Court against the Sultan Mahmud hydroelectric power station); and

6. Legal opinion for Port Dickson Power Sdn Bhd (legality of rates claim by MDPD).

B: Other notable cases for the TNB:-

1. FELDA v. TNB (Claim for escape of fire into plantation);

2. TNB v Perwaja Steel Bhd (claim for discount given on electricity charges);

3. TNB v Prorak Sdn Bhd & Anor (breach of contract claim);

4. Dato’ Lau Foo San v TNB (claim for professional fees);

5. Injunction application in theft of electricity cases throughout the Peninsular;

6. Negligence due to damage of property;

7. Trespass of land cases;

8. Breach of loan and/or scholarship contracts; etc.

C: Other scope of works includes:

1. Corporate & banking litigation;

2. Contractual claims and/or negligence suits;

3. Land Acquisition appeal cases (for highway projects);

4. Intellectual property and information technology disputes;

5. Industrial Courts cases;

6. Representing professional in domestic inquiry and/or disciplinary proceedings;

7. Probate and Letters of Administration;

8. Intellectual Property Rights;

9. General commercial disputes;

10. Divorce and family law; etc.

He has provided legal counsel and opinions to Government Linked Companies, corporate bodies, besides presenting papers in seminars. As for other legal works, he has the experience in drafting cross-borders contracts, joint ventures agreement, shareholders cum subscription agreement, franchise and/or license agreement, partnership agreement, cross border collaboration agreements, employment contracts, dealership and/or distribution agency; computer software licensing, etc. At present, he is a member of the Disciplinary Committee, under the Advocates and Solicitors’ Disciplinary Board.