Mr. Dwayne Keegan Pinto is a civil and commercial litigation practitioner with more than 13 years of experience, with a particular focus on strata management and property-related disputes, commercial and contractual disputes, debt recovery and enforcement, and defamation and reputation-related matters. He was admitted as an Advocate and Solicitor of the High Court of Malaya in 2012.

A significant part of Mr. Dwayne's present practice is focused on the strata management and property management sector, where he advises and represents Management Corporations ("MCs"), Joint Management Bodies ("JMBs"), property management companies, parcel proprietors and other stakeholders involved in the ownership, management and administration of stratified developments.

In 2018, Mr. Dwayne established his own legal practice known as Messrs. Dwayne Keegan Pinto, which he managed for approximately eight years. A significant part of Mr. Dwayne's practice has involved advising and representing various Joint Management Bodies (JMBs), Management Corporations (MCs), property management companies and property owners in contentious and advisory matters arising from the management and administration of stratified properties. His experience extends across the spectrum of contentious issues encountered within a stratified development, including management and governance disputes, common property issues, recovery of maintenance charges and sinking fund contributions, property management agreements, committee disputes, annual and extraordinary general meetings, developer-related disputes, inter-floor leakage and property defects, contractual disputes, and enforcement proceedings.

Mr. Dwayne has acted for various international property consultancies and management companies such as Knight Frank Malaysia and Sunsuria Berhad in various civil and commercial disputes over the years and has advised and represented MCs and JMBs across multiple developments such The Highway Centre Management Corporation, Duet Residence Joint Management Body, Kajang Country Heights Management Corporation, and many more to which he continues to represent.

This has provided him with an in-depth understanding not only of the applicable legal framework, but also of the practical challenges encountered by management bodies and professional property managers in the day-to-day administration of stratified properties. Having spent many years both as a litigator and managing his own legal practice, Mr. Dwayne brings a practical perspective to dispute resolution. In particular, Mr. Dwayne understands that strata dispute frequently requires a lawyer to navigate competing interests between the MC or JMB, property manager, committee members, parcel proprietors, developers, contractors and regulatory authorities. His approach is therefore directed towards identifying legal and operational issues at an early stage and developing solutions that protect the client's position while taking into account the continued management and functioning of the development.

Through his practice, Mr. Dwayne is known for taking a practical and solution-oriented approach to disputes. He recognises that the technically available legal remedy may not always represent the most effective outcome for the client. His advice therefore considers the legal position together with the commercial, financial, operational and reputational considerations surrounding the dispute.

Mr. Dwayne also advises and represents clients on defamation and reputation-related disputes, including disputes arising within the unique environment of stratified developments. Such matters may involve allegations and publications concerning Management Corporations ("MCs"), Joint Management Bodies ("JMBs"), committee members, property managers and parcel proprietors, including statements circulated through residents' WhatsApp groups, social media platforms, notices, correspondence and communications surrounding general meetings or the management of a development.

Primary Practice Areas

Selected Experience

Strata Management & Property-Related Disputes

  • Advising and representing various JMBs and MCs in contentious and advisory matters involving strata governance, management, maintenance charges and sinking fund contributions, common property, property management arrangements and disputes involving developers.
  • Representing property owners, JMBs and MCs in disputes against property developers, including disputes concerning missing or disputed common property and rights and obligations arising from stratified developments.
  • Advising and representing clients in disputes concerning the management and governance of stratified developments, including committee decisions, general meetings, property managers, management contracts and compliance with the applicable strata management framework.

Property Management & Strata Recovery

  • Acting for a leading international property consultancy and management company in various civil and commercial disputes, including contentious matters arising from property management and stratified developments.
  • Advising and representing MCs, JMBs and property managers in the recovery of maintenance charges, sinking fund contributions and other outstanding sums through demands, settlement negotiations, court proceedings and enforcement.

Civil & Commercial Litigation

  • Managing complex civil and commercial litigation involving substantial financial interests and document-intensive disputes.
  • Managing civil litigation matters from pre-action strategy and advice through pleadings, interlocutory applications, trial, settlement and post-judgment enforcement.
  • Acting in contractual and commercial disputes, debt recovery and enforcement proceedings, landlord and tenant disputes, and other contentious matters involving individuals, corporations and property-related stakeholders.

Defamation & Reputation Management

  • Advising and representing clients in defamation and reputation-related disputes, including matters arising within stratified developments involving MCs, JMBs, committee members, property managers and parcel proprietors, with experience in publications through residents' WhatsApp groups, social media, notices and communications surrounding the management and governance of developments.
  • Advising on pre-action strategy, cessation and removal of publications, retractions and apologies, preservation of evidence, settlement negotiations and court proceedings, while taking into account the wider reputational and operational consequences for the client.
  • Click Here to find out Mr. Dwayne’s further background & experience on defamation in stratified community.

Notable and Representative Matters

Mr. Dwayne advises and represents a diverse portfolio of clients, with particular experience acting for Management Corporations ("MCs"), Joint Management Bodies ("JMBs"), professional property management companies, property owners, corporations and individuals in contentious and advisory matters.

Duet Residence Joint Management Body – Developer Dispute

  • Acted as co-counsel for a Joint Management Body of a substantial residential development comprising more than 200 units in proceedings against the developer and related parties concerning allegations of missing and/or unlawfully disposed common property
  • The dispute involved complex issues concerning the legal status and treatment of common property within a stratified development and the rights of the management body and parcel proprietors arising from the developer's dealings with the disputed areas. Mr. Dwayne was involved in the conduct of the proceedings through trial.

Kajang Country Villas Management Corporation – Developer Debt Recovery

  • Acted for Kajang Country Villas Management Corporation in substantial recovery proceedings against developers and related entities, including Kajang Country Heights, involving outstanding sums in excess of RM2 million.
  • Mr. Dwayne successfully obtained summary judgment in the proceedings and thereafter represented the Management Corporation in negotiations which ultimately resulted in a settlement of the dispute.

The Highway Centre Management Corporation – Strata Recovery Portfolio

  • Acts for The Highway Centre Management Corporation in relation to a substantial portfolio of outstanding maintenance charges, sinking fund contributions and related sums owed by defaulting parcel proprietors, with the overall arrears portfolio being approximately RM1 million.
  • His work includes advising on recovery strategy, commencing legal proceedings against defaulting proprietors, negotiating settlements and managing ongoing recovery actions. A number of matters have resulted in payment or settlement, while recovery proceedings continue in respect of remaining defaulters.

Knight Frank Malaysia Property Management – Multi-Development Recovery

  • Acted for a leading international property consultancy and management company in recovery matters arising from stratified developments under its management, involving aggregate outstanding sums in excess of RM500,000.
  • Mr. Dwayne's work included pursuing defaulting parcel proprietors through demands, negotiations and court proceedings, obtaining judgments where necessary and using the litigation process strategically to secure payment and settlement of outstanding sums.

Property Development (Individual Claims) – Liquidated Ascertained Damages Claims

  • Represented individual property purchasers in separate claims against a property developer for liquidated ascertained damages arising from delay in the delivery of their properties, with the respective claims involving sums in excess of RM250,000.
  • Following the commencement of proceedings and negotiations with the developer, the disputes were successfully resolved by way of settlement.

Professional Philosophy

Diligence. Knowledge. Perspective. (D.K.P)

These three principles underpin Mr. Dwayne's approach to legal practice. He believes that diligence in preparation and knowledge of the law must always be complemented by perspective - the ability to understand a dispute from the client's position, appreciate the wider commercial and practical considerations involved, and identify what the client ultimately seeks to achieve.

Having spent approximately eight years managing his own legal practice, Mr. Dwayne appreciates that disputes frequently involve considerations beyond immediate legal issues. His approach is therefore not simply to identify what can legally be done, but to advise clients candidly on what should be done in the circumstances.

Central to this philosophy is trust. Mr. Dwayne places considerable importance on accessibility, transparency and clear communication. He seeks to develop long-term relationships with clients by ensuring that they understand not only the legal options available to them, but also the risks, practical consequences and strategic considerations behind the course of action recommended.

Mr. Dwayne believes that effective litigation is not about pursuing every available battle. It is about identifying the client's objective early, preparing thoroughly, and pursuing the course most capable of protecting the client's interests and achieving the desired outcome.

Qualifications

  • Bachelor of Laws (LL.B), University of London - 2009
  • Certificate in Legal Practice (CLP) - 2010
  • Advocate and Solicitor of the High Court of Malaya - Admitted 2012