Claudia Cheah Pek Yee Claudia Cheah Pek Yee
Partner, Dispute Resolution Division
SKRINE


CONTACT DETAILS:
Tel: 603 - 2081 3999 ext 713
Fax: 603 - 2094 3211
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Overview

Claudia graduated from the University of Manchester, United Kingdom with LLB (Hons) in year 1997. She chambered with Skrine and was admitted to the Malaysian Bar on 10 September 1999. Thereafter, she commenced her legal practice with Skrine and is currently a Partner in the Dispute Resolution Division.

Her main areas of practice are in commercial and civil litigation, land disputes, corporate disputes, defamation, probate, banking and trust. She has appeared both as counsel and co-counsel for trials at the High Court and hearings at the Court of Appeal and the Federal Court. Many of these cases have been reported in the Malaysian law journals.

Further Details

Areas of Practice

Arbitration & Alternative Dispute Resolution, Banking & Finance, Bankruptcy/Insolvency, Corporate & Commercial Disputes, Defamation, Insurance, Land Acquisition, Landlord & Tenant, Motor Accidents, Professional Liability/Negligence, Securities, Tort, Trusts, Will/Probate Disputes

Qualifications

  • Advocate & Solicitor, High Court of Malaya
  • LLB (Hons) University of Manchester

Experience

  • Acted for the largest plantation company in Malaysia in many land disputes involving trespass and wrongful possession of lands. Appeared both as counsel and co-counsel in all 3 tiers of court proceedings which include orders for injunction and delivery of possession of lands. Some of these cases were reported in the local newspapers and also law journals (Syarikat Jeleta Bumi Sdn Bhd & Anor v Nadarajah a/l Ramasamy & Ors [2003] 5 MLJ 542, Highlands & Lowlands Bhd v Tamil a/p Periasamy & Ors [2003] 6 AMR 282, Highlands & Lowlands Bhd v John Mariassosai & Ors [2005] 8 CLJ 216). Arising out of some of these cases, also negotiated and drafted settlement agreements for the relocation of estate workers, church, temple and school.
  • Appeared both as counsel and co-counsel for a foreign client against a local condominium developer for breach of contract. The case was heavily contested at the civil action stage [Tan Tien Seng & Anor v Grobina Resorts Sdn Bhd [2002] 378 MLJU 1 (HC interlocutory hearing); Tan Tien Seng & Anor v Grobina Resorts Sdn Bhd [2005] 7 CLJ 70 (HC trial)] as well as at the execution of judgment stage [Tan Tien Seng & Anor v Grobina Resorts Sdn Bhd [2006] 6 CLJ 653 (HC stay of execution) ; Tan Tien Seng & Anor v Grobina Resorts Sdn Bhd [2006] 4 CLJ 583 (HC winding up proceedings)].
  • Appeared as co-counsel in the Federal Court case of Johor Coastal Development Sdn Bhd v Constrajaya Sdn Bhd [2009] 4 CLJ 569 whereby the Federal Court revisited its earlier decision in Selva Kumar a/l Murugiah v Thiagarajah a/l Retnasamy [1995] 2 CLJ 374 on the interpretation of section 75 of the Contracts Act 1950.
  • Appeared as counsel in the High Court case of The New Straits Times Press (Malaysia) Berhad v Merge Media Holdings Sdn Bhd & Ors [2009] MLJU 0422 where the court rejected the debtor’s application to stay the execution of a judgment pending trial of its counterclaim.
  • Appeared as counsel and co-counsel for a developer against the Johor Land Administrator on the forfeiture of lands alienated for the development of a major waterfront project in Johor Bahru. The High Court in Johor Coastal Development Sdn Bhd v Pentadbir Tanah Johor Bahru [2006] 3 AMR 237 set aside the forfeiture order and the said decision was upheld by the Court of Appeal. The High Court case received coverage in the local newspapers.
  • Appeared as co-counsel in the High Court case of Mawar Awal (M) Sdn Bhd v Kepong Management Sdn Bhd and Perantara Jaya Sdn Bhd [2005] 7 CLJ 296 whereby the court granted specific performance of a building contract.
  • Appeared as co-counsel to defend a trustee against a committal proceeding filed by some beneficiaries of an estate of a deceased who was the founder of a local bank in the Helen Yeap Poh Sim & Yang Lain v Universal Trustee (Malaysia) Bhd [2001] 7 CLJ 414. The High Court dismissed the committal proceeding and the case received wide coverage in the local newspapers.
  • Defended an engineering and construction company in a civil trial involving allegations of forgery of documents. The High Court after full trial dismissed the forgery claim.
  • Acted for a palm oil trading company in a civil trial involving the interpretation of standard PORAM contracts. The High Court after full trial allowed the company’s counterclaim for RM3.27 million, being the loss suffered for breach of contract involving the sale and purchase of refined bleached deodorised palm oil.

Bankruptcy & Insolvency Litigation / Advisory Work

  • Appeared as counsel in the High Court case of Smartframe Sdn Bhd v Anjung Bahasa Sdn Bhd [2011] 4 CLJ 416 and obtained winding up order in a contested winding up proceeding.
  • Appeared as counsel in the High Court case of Re: J Raju M Kerpaya @ Jayaraman Kerpaya ; Ex-Parte: Kwong Yik Bank [2009] 1 LNS 649 where the court rejected the debtor’s claim that the bankruptcy notice which claimed for an erroneous sum should be rendered null and void.
  • Appeared as co-counsel for a foreign bank in a heavily contested bankruptcy action against a business tycoon which went up to the apex court in Moscow Narodny Bank Ltd v Ngan Ching Wen [2004] 2 CLJ 241 . The case involved a novel question of whether part-payments can be accepted after the commencement of bankruptcy proceedings and received wide coverage in the local newspapers and also reported on the TV3 evening news, NTV7 news and radio.
  • Appeared as co-counsel in the High Court case of Eng Man Hin & Anor v King’s Confectionery Sdn Bhd & Ors [2005] 8 CLJ 77 which involved a petition to wind up on just and equitable grounds against the largest bakery chain in Malaysia. The case received wide coverage in local Chinese newspapers.
  • Acted for various banks to oppose a restraining order obtained by a leading garment manufacturer in Malaysia which involves a proposed debt restructuring scheme with liabilities exceeding RM155 million and thereafter continued with winding up proceedings against the said company.
  • Acted for various banks to oppose a restraining order obtained by a global supplier of lifestyle knitted apparel which involves a proposed debt restructuring scheme with liabilities exceeding RM264 million.
  • Advised a bank on various aspects concerning loans exceeding RM150 million granted to a group of companies involved in oils and fats manufacturing.
  • Acted for foreign and local banks in respect of a debt restructuring scheme with liabilities exceeding RM80 million.

Banking Litigation

  • Acting for a bank in loan recovery actions against a ship builder company involving loans exceeding RM800 million. Part of the recovery actions involved instructing Singapore lawyers to file an urgent injunction to restrain the release of a ship from Indonesia and making claim against Saudi Arabian purchasers, liaising with Receiver & Manager and Private Liquidator to contest claims filed by a Saudi Arabian purchaser pending arbitration in London and instructing private investigators and foreign parties to carry out assets tracing and vessels tracing exercise.
  • Acting for a bank in loan recovery actions against a public listed company and its subsidiaries in respect of vessel financing facilities exceeding RM300 million. Part of the recovery actions involved arrests of ships in local ports.
  • Acting for several banks in loan recovery actions against a rubber manufacturer public listed company and its subsidiaries in respect of loans exceeding RM500 million. Part of the recovery actions include obtaining a court order to appoint an accounting firm to carry out valuation on the assets of the company.
  • Acted for a bank in loan recovery actions against a public listed company and its subsidiaries in respect of loans exceeding RM120 million. Part of the recovery actions involved negotiations with local and foreign shipping agents and port authorities on goods shipped to Dubai and India, negotiations with collateral manager, lodgement of police report on fraud perpetuated on the bank and public tender sale of scrap metals exceeding RM40 million.
  • Acted for a bank in an action involving fraudulent transactions using forged signatures. The High Court after full trial ordered the monies to be refunded to the bank.
  • Appeared as co-counsel for a bank which was sued by a developer for wrongful suspension of bringing loan facilities. The issues involved the entire duration of a construction project from the release of bridging loan to end-financing over a period of 16 years for 133 houses. The High Court in Lim Chee Holdings Sdn Bhd v RHB Bank Berhad [2002] 1 LNS 203 after full trial dismissed the developer’s claim and allowed the bank’s counterclaim. The Court of Appeal in Lim Chee Holdings Sdn Bhd v RHB Bank Berhad [2005] 6 MLJ 497 affirmed the High Court’s decision.
  • Acted for a bank in contested civil and foreclosure proceedings against a developer (Southern Bank Bhd v Arena Flora Sdn Bhd & 2 Ors [2008] 1 LNS 212).
  • Acted for a bank in two contested civil proceedings against a manufacturer of extruded natural latex threads and its subsidiary involving loan facilities exceeding RM60 million (Malayan Banking Berhad v Heveafil Sdn Bhd [2013] 1 LNS 284 and Malayan Banking Berhad v Filmax Sdn Bhd & Ors [2013] 1 LNS 428).

Defamation Litigation

  • Acted for a local newspaper in a defamation action brought by the Menteri Besar of Kelantan arising out a report involving the ‘Bersih 3.0’ rally.
  • Acting for a local newspaper in a defamation action brought by the former chief of the Federal Commercial Crime Investigation Department.
  • Acting for a local newspaper in a defamation action brought by several leaders of the Democratic Action Party Malaysia.
  • Acting for a local newspaper in a defamation action brought by the Perbadanan Kemajuan Negeri Selangor.
  • Acted for a local newspaper in a defamation action involving the reporting of a helicopter crash incident.
  • Acted for a local newspaper in a defamation action involving the reporting of arrest of persons suspected of impersonating as police officers.
  • Acted for a local newspaper in a defamation action arising out of the publication of a wrong photograph in an article relating to a leader of the People's Progressive Party.
  • Acted for a local newspaper in a defamation action involving the reporting of a land fraud.

Trusts, Will and Probate Litigation

  • Appeared as co-counsel for a trustee in a trial for breach of duties involving the estate of a deceased who was the founder of a local bank. The High Court after full trial dismissed the claims against the trustee (Gan Chiew Heang & Ors v Universal Trustee (M) Bhd & Anor [2010] 1 LNS 1319).
  • Appeared as co-counsel for a trustee involved in the disputes between loan stock holders and a major bank on potential defaults under two trust deeds which would result in the immediate repayment of loan stocks exceeding RM170 million. Thereafter also appeared as counsel for the same trustee against a major public listed company for recovery of costs and expenses incurred in carrying out the trustee’s duties under the same trust deeds.
  • Acted for the executors of two estates to defend claims by family members of the deceased persons to nullify the wills and deed of inter vivos gift executed by the deceased persons on the ground of fraud, undue influence and suspicious circumstances (Wong Twee Keng & Ors v Wong Swee Min & Another and Another Case [2013] 4 CLJ 876). The High Court allowed the Plaintiffs’ claims. The Court of Appeal set aside the High Court’s decision on appeal.
  • Acted for a beneficiary and obtained injunction order to restrain eviction proceeding by the executrix of an estate (Jagjit Kaur Sohan Singh v Angelina Subahini Amaladoss [2012] 1 LNS 1204).

Other Litigation Cases

  • Acted for insurers to defend various negligence suits against lawyers.
  • Acted for a reinsurer in respect of claims arising out of defective works in the construction of a local hotel.
  • Acted for an individual against a notable eye hospital, an ophthalmologist and an anaesthetist in a medical negligence suit. The trial took 26 days with the examination of 7 doctors. The High Court granted damages of RM1.2 million, including aggravated damages of RM1 million which is unprecedented in Malaysia. The case was reported in the local newspapers.

Publications

  • Delivered a talk on “Banking Litigation – Legal Process and Practical Challenges” at the 67th Head of Regional Corporate Remedial Management Meeting of Malayan Banking Berhad.
  • Delivered a talk on “Foreclosure Proceedings – Legal Procedure and Practical Challenges” to various banks as part of the “Talk on Insolvency For Lenders” organized by KPMG Corporate Services Sdn Bhd, year 2012.
  • Delivered a talk on “National Land Code – Indefeasibility of Titles and Charges” for PricewaterhouseCoopers Malaysia, year 2010.
  • Delivered a talk on “Law of Contract – Basic Principles and Boilerplate Clauses” for the Sime Darby Group at the Sime Darby Convention Centre, year 2010.
  • Delivered talks on ‘Insurance Law’ at the Department of Mathematical Sciences, Universiti Malaya, year 2008, 2009, 2010, 2012 and 2013.
  • Delivered a talk on “Duties & Liabilities of Directors & Company Officers” at the Finance Department Workshop of the Sime Darby Group, year 2008.
  • Conducted in-house trainings for the estate managers of Kumpulan Guthrie Bhd (now known as Sime Darby Bhd) on the laws governing provision of housing to estate workers, year 2006.
  • Conducted in-house trainings for Messrs. Skrine on “Taxation of Costs”, “Foreclosure Proceedings”, “Trial Preparation”, “New Combined Rules of Court, 2012” and “Defamation Law”.
  • Co-authored the Malaysia Chapter in the Global Legal Insights – Litigation & Dispute Resolution, 2nd Ed., August 2013.
  • Authored ‘Acceptance of Part-Payments in the Midst of Bankruptcy Proceedings – An Abuse of Court Process ?’ in the Kuala Lumpur Bar Committee Newsletter, Relevan Issue No. 1/04.
  • Authored several articles for the Legal Insights (newsletter published by Messrs. Skrine), namely:-
    1. “Payment during bankruptcy proceedings – Is it an abuse of court process?”
      • Legal Insights Issue 2/2004
    2. “Does an unborn child have a legal personality?”
      • Legal Insights Issue 2/2005
    3. “A Paradigm Shift?” – Commentary on the case of Abdul Rahim Abdul Hamid & Ors v Perdana Merchant Bankers Bhd & Ors [2006] 3 CLJ 1 on the relationship between banker and customer.
      • Legal Insights Issue 4/2006
    4. “Statutory Derivative Action” – Commentary on the case of Mohd Shuaib Ishak v Celcom (Malaysia) Berhad [2008] 1 LNS 314.
      • Legal Insights Issue 4/2008
    5. “Court Sets Higher Threshold for Statutory Derivative Actions” - Commentary on the Court of Appeal decision in Celcom (Malaysia) Berhad v Mohd Shuaib Ishak [2010] 1 LNS 560.
      • Legal Insights Issue 3/2010
    6. “The Hallmark of a Vexatious Litigant” – Commentary on the Court of Appeal decision in Sim Kooi Soon v Malaysia Airline System (No 2) [2010] 9 CLJ 936.
      • Legal Insights Issue 1/2012
    7. “Court Imposes “Sell-By Date” on Secured Creditors – Pilecon Realty v Public Bank Berhad”
      • Legal Insights Issue 3/2013
    8. “A Comedy of (Costly) Errors? – Semantan Estates”
      • Legal Insights Issue 4/2013

Reported/Unreported Decisions

  1. Susning Holdings Sdn Bhd v Kota Karisma Sdn Bhd [1999] 763 MLJU 1
  2. Helen Yeap Poh Sim & Yang Lain v Universal Trustee (Malaysia) Bhd [2001] 7 CLJ 414 (reported in major Chinese papers, The Star, New Straits Times)
  3. Lim Chee Holdings Sdn Bhd v RHB Bank Berhad (full trial) [2002] 1 LNS 203
  4. Tan Tien Seng & Anor v Grobina Resorts Sdn Bhd [2002] 378 MLJU 1, [2002] 1 LNS 151
  5. Syarikat Jeleta Bumi Sdn Bhd & Anor v Nadarajah a/l Ramasamy & Ors [2003] 5 MLJ 542, [2003] 3 AMR 148, [2003] 2 CLJ 427
  6. FACB Berhad v Ho See Sin & Ors (full trial) [2003] 450 MLJU 1
  7. RHB Bank Berhad v Lim Chee Holdings Sdn Bhd [2003] 1 LNS 428
  8. Highlands & Lowlands Bhd v Tamil a/p Periasamy & Ors [2003] 6 AMR 282, [2003] 6 MLJ 539, [2003] 1 LNS 407
  9. Moscow Narodny Bank Ltd v Ngan Ching Wen (FC) [2004] 2 CLJ 241, [2005] 3 MLJ 693, [2004] 4 AMR 177 (reported in major Chinese papers (front page), The Star, New Straits Times, Berita Harian, Malay Mail, TV3 evening news and radio)
  10. Tan Tien Seng & Chua Ah Hooi v Grobina Resorts Sdn Bhd (full trial) [2005] 7 CLJ 70, [2005] 6 AMR 161, [2005] 7 MLJ 590, [2005] MLJU 255
  11. Lim Chee Holdings Sdn Bhd v RHB Bank Berhad (CA) [2005] 5 AMR 478 , [2005] 6 MLJ 497, [2005] 4 CLJ 305, [2005] MLJU 292
  12. Mawar Awal (M) Sdn Bhd v Kepong Management Sdn Bhd and Perantara Jaya Sdn Bhd [2005] 7 CLJ 296, [2005] 6 MLJ 132
  13. Highlands & Lowlands Berhad & Anor v John Mariassosai & Ors [2005] 8 CLJ 216, [2005] MLJU 522 (reported in the New Straits Times and the Sun)
  14. Eng Man Hin & Anor v King’s Confectionery Sdn Bhd & Ors [2005] 8 CLJ 77 (reported in major Chinese newspapers)
  15. Johor Coastal Development Sdn Bhd v Pentadbir Tanah Johor Bahru [2006] 3 AMR 237, [2005] 1 LNS 317 (reported in the New Straits Times)
  16. Tan Tien Seng & Anor v Grobina Resorts Sdn Bhd [2006] 4 CLJ 583
  17. Tan Tien Seng & Anor v Grobina Resorts Sdn Bhd [2006] 6 CLJ 653, [2006] 5 MLJ 372, [2006] MLJU 242 (reported on the National House Buyers Association website)
  18. Southern Bank Berhad v Arena Flora Sdn Bhd & 2 Ors [2008] 1 LNS 212, [2008] MLJU 0263
  19. Johor Coastal Development Sdn Bhd v Constrajaya Sdn Bhd (FC) [2009] 4 CLJ 569, [2009] 4 MLJ 445, [2009] MLJU 0458, 0459
  20. The New Straits Times Press (Malaysia) Berhad v Merge Media Holdings Sdn Bhd & Ors [2009] MLJU 0422
  21. Re: J Raju M Kerpaya @ Jayaraman Kerpaya; Ex-Parte: Kwong Yik Bank [2009] 1 LNS 649
  22. Mohd Yusof @ Suub Abdullah v RHB Bank Berahd [2009] 1 LNS 385
  23. Gan Chiew Heang & Ors v Universal Trustee (M) Bhd & Anor (full trial) [2010] 1 LNS 1319, [2010] MLJU 1286
  24. Smartframe Sdn Bhd v Anjung Bahasa Sdn Bhd [2011] 4 CLJ 416, [2011] 1 LNS 109, [2011] MLJU 166
  25. Usape Nelson Wireless Sdn Bhd v Macro Kiosk Bhd (full trial) [2011] MLJU 950
  26. Jagjit Kaur Sohan Singh v Angelina Subashini Amaladoss [2012] 1 LNS 1204
  27. Wong Twee Keng & Ors v Wong Swee Min & Anor and Another Case [2013] 4 CLJ 876 (decision set aside on appeal to the Court of Appeal in November 2013)
  28. Malayan Banking Berhad v Heveafil Sdn Bhd [2013] 1 LNS 428
  29. Malayan Banking Berhad v Filmax Sdn Bhd & Ors [2013] 1 LNS 284
  30. Hong Leong Bank Berhad v Forum Pintar Sdn Bhd & Ors [2014] 1 LNS 900
  31. United Overseas Bank (Malaysia) Bhd v Hytex Integrated Berhad & Another Case [2014] 1 LNS 1068
  32. Axens v Mission Biofuels Sdn Bhd & Anor [2014] 1 LNS 1369
  33. Malayan Banking Berhad v Chip Lam Seng Enterprise Berhad [2015] 5 CLJ 260
  34. Allied Empire Plantations Sdn Bhd v Chip Lam Seng Berhad [2014] 6 CLJ 81
  35. Lim Guan Eng & Anor v The New Straits Times Press (M) Berhad & Anor [2015] 1 LNS 1140
  36. Rafan Holdings Sdn Bhd v Chip Lam Seng Sdn Bhd [2015] 1 LNS 265

 
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Skrine Retains Who’s Who Legal Accolade for Malaysia

On 15th May 2017, the Who’s Who Global Awards was held in London, United Kingdom and Skrine was conferred the Award:

Malaysia Law Firm of the Year 2017

Skrine previously received this Award in 2013, 2014, 2015 and 2016.

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SKRINE Clinches Top Honours at ALB Malaysia Law Awards 2017

On 6th April 2017, the Asian Legal Business Malaysia Law Awards was held and SKRINE was named

Malaysia Law Firm of the Year 2017

SKRINE also bagged 5 other awards

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Asialaw Profiles 2017

The Asialaw Profiles has ranked Skrine as Outstanding Firm and particularly highlighting the following practice areas:

Outstanding Firm

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  • Dispute Resolution
  • Energy & Natural Resources
  • Intellectual Property
  • IT, Telco & Media
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