Kokilah Kanniappan holds an LL.B (Hons) and LL.M from the distinguished University of Malaya. Having been admitted to the bar in 2009, she has swiftly established herself as an esteemed legal professional. She specializes in general litigation and has a wide range of experience with 14 years of experience, her practice covers a broad spectrum of cases. These include complex land matters such as the removal of caveats, specific performance cases (involving sale and purchase agreements for properties and lands of substantial value), defamation, breach of contract, infringement of trademarks, and negligence within the construction domain.
Her extensive research has covered a broad range of contemporary legal issues, from Personal Data Protection Law and Information and Communications Technology Law to Healthcare & Ethical Law, Environmental Law, International Humanitarian Law, and International Human Rights. This work has equipped her with a comprehensive understanding of the legal landscape.
Among her significant research contributions is an in-depth analysis of the Personal Data Protection Act within the Malaysian context. She has meticulously examined health research and data-sharing protocols, evaluating the effectiveness of existing data protection measures. Her work has also explored the evolving landscape of big data, data mining, and cloud computation, assessing their implications for privacy safeguards. In addition, she has analyzed the complex relationship between Artificial Intelligence and Personal Data Protection Law, particularly as it applies to Malaysia. Through these diverse research pursuits, she showcased her commitment to staying at the forefront of emerging legal issues and her ability to navigate complex legal intersections.
In addition to being fluent in English and Malay, she is proficient in both spoken and written Tamil. Recognizing that language can often be a hurdle in obtaining quality legal advice and representation, her ability to converse in Tamil aims to bridge this gap.
Notable cases:
1. Played a pivotal role in a landmark case that escalated to the Federal Court, focusing on an estate land valued at RM55 million. The case hinged on the interpretation of Section 214A of the National Land Code and dealt with the status of conditional contracts that require the approval of the Estate Land Board approval. Her role in securing victory in this intricate case solidifies her reputation as an astute practitioner.
2. Involved in the successful defense of an Australian company embroiled in a breach of contract litigation involving RM1.3 million in an international dispute.
3. Assisted in the successful defense of a client facing allegations related to trademark infringement and the tort of passing off, specifically in the distribution of counterfeit automotive spare parts. The case, which involved a high-profile automobile manufacturer, carried potential liabilities amounting to RM1.1 million and was upheld in the Court of Appeal.
4. Played a significant role in defending a client against a defamation lawsuit brought by the client’s former employer for alleged defamatory statements made via the WeChat application. Her legal contribution also empowered the client to countersue for unlawful termination, leading to a substantial award of RM500,000. The Court of Appeal upheld the original defense and the countersuit.
5. Involved in a complicated breach of contract’s case that progressed to the Court of Appeal. The case centred on the specific performance of a sale and purchase agreement related to a commercial shop lot valued at RM1.3 million. Her adept legal support and insights were invaluable in navigating the nuances of contract law, reinforcing her status as a capable and versatile legal practitioner.
6. Successfully resolved a multifaceted legal issue concerning the removal of a caveat on estate land valued at RM100 million. Her nuanced assistance was essential in sorting through the complex legal disputes that had previously impeded the property’s sale. Ultimately, her contributions were vital in enabling a successful sale and purchase transaction to be finalized for RM100 million.
7. Significantly contributed to the legal representation of a client at the Federal Court in a highly sensitive child custody case involving a special needs child. The client had been unjustly deprived of visitation rights after the mother unilaterally obtained a decree nisi. Her skilled assistance was instrumental in navigating the complexities of family law at the highest judicial level, effectively advocating for the client’s rights to maintain a relationship with their special needs child.
Combining strong academic skills with more than 12 years of hands-on experience, she offers customized legal services to meet each client's unique needs. Her approach combines academic understanding with practical experience, allowing her to provide effective and well-rounded solutions. Specializing in both focused and broad legal areas, she continuously seeks the most advantageous legal outcomes for her clients, adhering to the highest standards of professionalism.
She strongly believes in the words of Dr. A.P.J. Abdul Kalam that "Excellence is a continuous process and not an accident."
REPORTED CASES :
1. PERUSAHAAN OTOMOBIL NASIONAL SDN BHD v. BIDARA PRISMA SDN BHD & ORS [2012] 5 CLJ 428 (HIGH COURT);
2. VIJAYALAKSHMI SIVAPRAKASAPILLAI v K SHAMINI T KANDASAMY [2013] MLRHU 648 (HIGH COURT);
3. PEKAT TEKNOLOGI SDN BHD v. NOVARIS PTY LTD & ANOR [2015] 1 CLJ 865 (HIGH COURT);
4. PERBADANAN KEMAJUAN NEGERI SELANGOR v PROJEK LEBUHRAYA USAHASAMA BERHAD [2015] MLJU 877 (HIGH COURT);
5. YAKIN TENGGARA SDN BHD v. RHB BANK BHD & ORS AND OTHER APPEALS [2017] 4 CLJ 738 (COURT OF APPEAL);
6. GULA PERAK BHD v. DATUK LIM SUE BENG & OTHER APPEALS [2019] 1 CLJ 153 (FEDERAL COURT);
7. YONG TSHU KHIN & ANOR V. DAHAN CIPTA SDN BHD & ANOR AND OTHER APPLICATIONS [2021] 1 CLJ 631 (FEDERAL COURT).