Brendan Navin Siva
Brendan is a B.Ec./ LL.B graduate of the University of Sydney, Australia. He was called to the Malaysian Bar in February 1999. Through the period from February 1999 to March 2002, Brendan served as a legal assistant at Messrs Lee Hishammuddin. He joined the firm of Messrs Kadir, Andri & Partners on 2 April 2002 and was subsequently made a partner of that Firm on 1 January 2005. On 1 January 2011, he set up his own legal practice under the name of Messrs Brendan Siva.
Brendan is actively involved in commercial, banking, employment, libel, securities regulation and corporate litigation. Chambers Asia 2009 : Asia's Leading Lawyers for Business describes Brendan as bringing a practical manner, prompt responses and water tight judgment to his instructions.Brendan is actively involved in commercial, banking, employment, libel, securities regulation and corporate litigation. Chambers Asia 2009 : Asia's Leading Lawyers for Business describes Brendan as bringing a practical manner, prompt responses and water tight judgment to his instructions.
Brendan was Chairman of the Kuala Lumpur Bar for two terms from 2011-2013 and a member of the Bar Council for eight terms from 2009-2013 and 2014-2018. Brendan was also at the helm of advocacy training for the Bar Council for 6 years. He is currently the Chairman of the International Advocacy Training Council based in Hong Kong. Brendan has conducted advocacy training for lawyers throughout Malaysia and in Hong Kong, Singapore, Australia, United Kingdom, South Africa and Ireland.
He has also jointly edited the Civil Appeals Handbook (MLJ Handbook Series) published in 2004 by Malayan Law Journal Sdn Bhd and has edited the Halsbury's Laws of Malaysia-Companies Winding-up (Revised Edition) published in 2006, the Handbook (MLJ Handbook Series) on Landlord and Tenant published in 2008, the Halsbury's Laws of Malaysia-Distress and the Halsbury's Laws of Malaysia-Landlord & Tenant published in 2009.
Some cases that Brendan has been involved in in an advisory or representative capacity include:
1. Defending a local entity in an arbitration against a claim by a port authority for breach of contract;
2. Representing international clients to restrain unauthorised streaming of live web-casts where the ISP or infringing party is situated in Malaysia;
3. Representing clients in an advisory and representative capacity in bank guarantee / performance bond disputes in relation to construction matters;
4. Representing an international oil and gas company in various cases relating to product liability, breach of contract, claims for breach of distribution agreements, etc;
5. Opposing various claims against clients involving interlocutory injunctive claims for Mareva and Anton Piller injunctions;
6. Representing a local financial institution in a claim for recovery of monies due to technical complications and computer system error;
7. Defending an international oil and gas company against claims for negligence and libel;
8. Representing the regulatory authority in an advisory capacity in relation to securities matters including opposing applications for judicial review of decisions of the authority;
9. Defending a local entity specialising in highway construction from claims of breach of contract;
10. Representing a local cinema and entertainment company against a claim for specific performance and wrongful termination of contract;
11. Representing international art dealers in an action for damages against a warehouse owner in Malaysia;
12. Representing a local insurance company against claims of wrongful termination of agents;
13. Advising many clients on issues relating to libel in traditional news media and new media.
Reported cases that Brendan has been involved in include:
a. Chevron Malaysia Limited v Nagasari Kristal Sdn Bhd & Ors  10 CLJ 18
b. Petra Perdana Bhd v Tengku Dato’ Ibrahim Petra Tengku Indra Petra  8 CLJ 856
c. Petra Perdana Bhd v Tengku Dato’ Ibrahim Petra Tengku Indra Petra  1 LNS 236
d. Jordan Saw Yu Huan v Low Suan Chuan  1 LNS 1069
e. Chong Yoon Huat v Tokio Marine Life Insurance (Malaysia) Bhd  10 CLJ 89
f. Shahmi Anand b Shah V Balendran v Susilah Devi Vallipuram  4 MLJ 64
g. Kaysen Constructions Sdn Bhd v Kong Wha Housing Development  1 LNS 631
h. Utama Merchant Bankers Bhd v Dato’ Mohd Nazmi Mohd Salleh  6 CLJ 371
i. Utama Merchant Bankers Bhd v Soon Hun Technologies Bhd  1 LNS 499
j. Golden Screen Cinemas v MTM Realty Sdn Bhd  4 CLJ 785
k. CHG Industries Bhd v Bursa Malaysia Securities Bhd  6 CLJ 710
l. Henrick International Hotels & Resorts Pte Ltd v YTL Hotels & Properties Sdn Bhd  8 CLJ 176
m. Time Online Dotcom Bhd v Bates Malaysia Sdn Bhd  6 CLJ 389