Johanan Auseph Puthucheary

Johanan Auseph Puthucheary

Johanan Auseph Puthucheary

Managing Partner
Johor Bahru

JOHANAN joined Kuok & Puthucheary (as it was then known) in 1991. In 2001, NKPT was founded with Johanan as one of the four founding partners. Since then, he has built on the conveyancing foundation that the firm was once known for, to be the household name in litigation in Johor Bahru.

In the field of dispute resolution, Johanan has over 30 years of litigation knowledge and experience in a wide area of law. His portfolio includes advising and representing clients in matters relating to banking law, construction and contractual disputes, company law, employment law, family law, insurance law, intellectual property as well as taxation.

On the corporate advisory front, he has vast experience in advising major corporate and foreign companies on the procedural aspects and regularity of meetings and resolutions, negotiation of settlements, license agreements, as well as advice and drafting of trusts deeds and intellectual property matters.

He also specialises in asset management, succession planning including wills and trusts, and handles disputes regarding the administration of estates and trust assets.

Despite his seniority in the bar, Johann’s characteristic warmth and wit, never fails to set his clients, colleagues, and other members of the bar at ease. His confidence and candour are evident in his advocacy in court.

A firm believer in excellence, Johanan holds the principle of integrity and humility to be central to his life, and to his legal practice. Despite his many years of experience and expertise, he believes that the knowledge that he has acquired does not belong to him, and he advocates the concept of ‘paying it forward’ through his pro-bono work as well as his involvement in NKPT’s corporate social responsibility activities.

Qualifications

  • Advocate and Solicitor of the High Court of Malaya (1987)
  • Certificate of Legal Practice (1986)
  • LLB (Hons), University of London (1985)

Areas of Practice

  • Arbitration & Alternative Dispute Resolution
  • Banking Law
    Litigation
    – Enforcement of Contracts
    – Insolvency / Bankruptcy
  • Corporate Advisory
    – Procedural aspects and regularity of meetings and resolutions, negotiation of settlements, license agreements
  • General Litigation
  • Contract Law (Advisory / Litigation)
  • Construction Law
  • Corporate & Commercial Law (Advisory / Litigation)
  • Employment Law / Industrial Relations (Advisory / Litigation)
  • Family Law (Advisory / Litigation)
  • Intellectual Property Law
    – Advisory & Litigation (Trademark / Copyright / Breach of Confidence / Passing  Off / Franchise / Patent)
  • Insurance Law (Advisory / Litigation)
  • Land Law (Advisory) – Conveyancing
  • Tax & Revenue Law (Advisory / Litigation)
  • Private Wealth & Trusts
  • Wills, Probate & Administration (Advisory / Litigation)

Significant Pieces of Work

  1. Employment Law – Post-employment duties; confidential information Was counsel during the High Court stage. The legal legwork done during the trial, especially on the Re-examination was quoted during the appellate stages. The Federal Court agreed with the Court of Appeal’s decision, and his client won the case. This case was reported in Dynacast (Melaka) Sdn Bhd v Vision Cast Sdn Bhd [2016] 3 MLJ 417.Johanan’s personal takeaway from his involvement in the case: It was a hard battle, but he learned to never give up. He also learnt to use all his avenues, including making the most of the re-examination stage during trial.
  2. Company law – breach of fiduciaries dutiesRepresented the 7th defendant in a case which involved US$38 million. Trial had gone on for 56 days, and subsequently the case was brought all the way to the Federal Court. Johanan won the case for his client.During the trial stage, Yang Arif Tan Sri Mohamad Ariff Bin Md Yusof singled Johanan out and quoted the summary of his client’s case from his submissions ‘which stands as a model of clarity and brevity’ in his judgment.

Past Events

  1. Malaysian Bar talk on the Malaysian Bar Professional Indemnity Scheme at DRB-HICOM Berhad (2020)

Testimonials from Clients

On behalf of my mother and family, I would like to express my deepest thanks to Mr. Johanan Puthucheary and to his team of lawyers for the excellent job done. My deepest gratitude to the team for displaying high professionalism and dedication in my case.
Chin Soo Khoon

On behalf of Jit Offshore, I would like to record our profound thanks to Mr. Johanan Puthucheary and his team for the excellent handling of my case which commenced in 2012 and was handled by several law firms before NKPT. I made the right decision to terminate the previous law firm and engage NKPT. Finding Mr. Johanan Puthucheary was a blessing. The success in the case was due to Mr. Johanan Puthucheary’s expertise without which we would have had a slim chance of succeeding. I would certainly recommend Mr. Johanan Puthcheary to my friends.
Nadung Silian A/L R Patamalay
Managing Director, JIT Offshore Pte Ltd

Johanan’s presentation on the topic of “Sexual Harassment at the Workplace” at the Company was a resounding success and it has made a significant impact to organization as a whole. We appreciate the amount of work put into the presentation which is a good indication of the quality of work the firm can produce.
There was an overwhelming response within the company after the presentation and we look forward to working together with Johanan and his team to ensure that our workforce is equipped with the necessary awareness and knowledge regarding sexual harassment at the workplace.
We also look forward to collaborate further on other services which the firm can offer to the Company hopefully in the near future.
Legal Team, Transshipment Port Company

We have the utmost respect and appreciation for Mr. Johanan Puthucheary and his team for their unwavering passion and commitment in handling our cases. That always gave us the assurance that our risks are being managed professionally with care and attention. Indeed, we have made the right choice in having Messrs Nadazarin Kuok Puthucheary & Tan on our panel of counsel.
From a prominent property developer based in Johor Bahru.

Thank you for the time and good explanation on the above cases. It has taken loads off our minds, and we have a clear sense of direction from now, on the way forward.
From the Vice President of a major manufacturing company in Johor Bahru.

Personal Quotes

  • I love reading the stories which make up a case. It’s not just a law report about a principle. It’s about people’s lives.

    JOHANAN
    on how he reads case law
  • Read the facts. It’s king. Not the law.

    JOHANAN
    on how he approaches his cases
  • You will always have a choice between money and reputation. If you have both, you’re lucky. Which one is it? Not for me to tell you.

    JOHANAN
    on what he recalls his father advising him when he was called to the Malaysian Bar
  • Sometimes what you have to say is louder when you speak with a soft voice.

    JOHANAN
    on a quote that he remembers vividly from the well-respected Raja Abdul Aziz bin Raja Addruse

GDPR

  • PERSONAL DATA PROTECTION NOTICE

PERSONAL DATA PROTECTION NOTICE

NADZARIN KUOK PUTHUCHEARY & TAN
ADVOCATES & SOLICITORS
PERSONAL DATA PROTECTION NOTICE

(pursuant to section 7 of Personal Data Protection Act 2010)

Nadzarin Kuok Puthucheary & Tan, Advocates & Solicitors (“NKPT”) is committed to protect your personal data and takes into consideration your rights in regards to collection, use and storage of your personal data. We treat the protection of your personal data as a high priority matter.

1.             COLLECTION OF PERSONAL DATA

NKPT collects and processes your Personal Data (including Sensitive Personal Data) and other information (collectively, “Personal Data”) in order to provide you our legal services (collectively, “the Services”).

We may collect your personal data directly from you when you liaise with us regarding our services (via website/electronic mail/telephone conversation/walk-in meetings) and/or during the course of business or transactions with you.

Your personal data may have otherwise been provided to NKPT by an authorized third party such as your spouse, a company in which you are a director, an officer or a shareholder, or a partnership in which you are a partner for Services that these third parties have sought from NKPT or have provided to NKPT. In this context, the term “you” or “your” in this Privacy Notice extends to any individual whose personal data has been provided to NKPT and/or has been collected when you enter into any commercial transactions with NKPT.

The personal data that we collect and process may include the following:-

  • Name, company name and job title
  • Contact information including addresses, phone numbers and email addresses;
  • History and details of legal suits/proceedings/claims/actions whether past, pending or current or contingent;
  • Personal/financial information such as EA forms, date of birth, age, identity card number, monthly income, payments, income tax reference and branch and financial history; and
  • Other information relevant to the Services.

In addition, we may also collect your sensitive personal data when you engage/appoint us for the Services which require the same. Sensitive personal data refers to data relating to your physical and mental health, political opinions, and religious persuasions. If we need to collect or process your sensitive personal data, we will obtain your explicit consent.

Please note that at times we may collect personal data of non-clients from you (e.g. your spouse or guarantor) when you engage/appoint us for the Services. If you provide us with such personal data, please obtain their consent for us to process their personal data prior to providing us with their personal data.

 

2.             PROCESSING OF PERSONAL DATA

The personal data will be processed by us and/or our authorised agents for the following purposes:-

a.         to verify your identity;
b.         to communicate with you;
c.         to provide the Services to you;
d.         respond to your inquiries;
e.         for our day to day operation and administrative purposes including file management, billing and collection, audit, reporting,                         investigation etc;
f.          fulfillment of any regulatory / legal requirements / applicable laws;
g.         fulfillment of any advisory engagements and/or appointments entered into by you with NKPT;
h.         such other incidental  purposes as as may be necessary for the fulfilment of our engagement by you.

Please note that it is necessary for NKPT to process your personal data for the above purposes. If you wish to withdraw your consent for the processing of the above purposes, we will not be able to provide you with our services.

 

3.         DISCLOSURE OF PERSONAL DATA

Please also be informed that in any situation and if required while exercising the purposes specified above NKPT may disclose your personal data to the following parties:-

  1. any person/s directed by or consented to by you;
  2. any person/s required for the purposes of our legal engagement and/or legal transaction including but not limited to parties to suits, other advisors, financial institution, regulatory bodies etc;
  3. any person/s for the purposes of complying with legal and regulatory requirements;
  4. external data processors (any person/s who we may engage to process personal date on our behalf including data entry service provided, storage service provided, computer backup services, banks, financial institutions etc; and
  5. our professional advisors including tax advisors, auditors, financial management advisors, insurance brokers, legal advisors.

In certain situations, we may need to transfer your personal data to locations outside Malaysia for processing or storage in order to provide you with our services and/or any other services requested by you or to fulfil your terms of engagement with NKPT.

 

4.         RETENTION OF PERSONAL DATA

We will only retain your personal data for as long as we need to provide you with our services, to fulfil legal and regulatory requirements, and to fulfil NKPT’s internal requirements. If we no longer need your personal data for the stated reasons, we will destroy or permanently delete your personal data.

 

5.         DATA PROTECTION

We are committed to ensuring that your personal data is secured. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure your personal data that we collect from you and/or from any other sources.

 

6.         ACCESS / CORRECT / UPDATE PERSONAL DATA

We take reasonable steps to ensure that the personal data we collect from you is accurate, complete, not misleading and up-to-date. Please contact us if there are any changes to your personal data or if you believe that the personal data we have about you is inaccurate, incomplete or not up-to-date.

Under the Personal Data Protection Act 2010, you have the right to access your personal data. If you wish to request access to your personal data, please contact us via the contact details below. Depending on the information you request, we may charge a prescribed fee for your access request. We may take necessary actions to validate your identity to ensure that we are releasing data to the correct person.

 

7.         DISCLAIMER

The information you provide will dictate the accuracy and completeness of your personal data. We assume that the information that is provided by you is accurate, current and complete unless you inform us otherwise.

 

8.         CONFLICT

In the event there is any conflict between the English version and Bahasa Melayu version, the English version shall prevail.

 

9.         CONSENT

We trust that you are agreeable and consent to the continued usage and processing of your personal data for the purposes set out above. If you do not consent to the usage and processing of your personal data, please notify us in writing within 14 days of receipt of this Notice, failing which we shall assume that you have no objection to the same.

 

10.        CHANGES TO THIS PRIVACY NOTICE

We may amend this privacy notice on a periodical basis. Any material changes to this privacy notice will be announced on the website or via direct notification. Please refer to this Privacy Notice from time to time to stay informed on how your information is being processed and protected by NKPT.

 

*This Privacy Notice is last updated on: June 2014

 

11.        CONTACT DETAILS

For any inquires with regard to this Privacy Notice, requests or update of your personal data you may at any time hereafter contact the following:

Kuala Lumpur Office:
Pn Sunita Kaur or Pn. Mages at 603 6207 8986 or via email to nkptkl@nkpt.com.my

Johor Baru Office:
Puan Mimi (Litigation Dept) or Puan Mages (Conveyancing Dept) at 607-334 9288 or via email to nkptjb@nkpt.com.my or kuokputhucheary@gmail.com

Penang Office:
Ms Catherine Tan or Ms Paula Ng at 604 2278 995 or via email to nkptpg@nkpt.com.my by providing your full name and identification number for verification.

 

Thank you