LEONG WAI HONG Leong Wai Hong
Partner, Head of Dispute Resolution Division
SKRINE


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Fax: 603 - 2094 3211
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  Overview  

Leong Wai Hong was the Chairman of Skrine's executive committee of partners from 2009 to 13 September 2013. He is also the Head of the Dispute resolution division. He did his law in the National University of Singapore. He has more than 27 years’ experience in litigation having practised in Singapore before returning to Malaysia.

He has appeared as lead counsel in arbitrations both international and domestic as well as in trials in the High Court of Malaya. He has also appeared as lead counsel in appeals in the Court of Appeal and the Federal Court. Many of his cases have been reported in the law journals. He has a broad client base having represented both local and international clients in corporate and commercial litigation and cross-border disputes including defamation, probate, banking, construction, shareholders, trusts and land acquisition disputes.

He is a Fellow of the Malaysian Institute of Arbitrators. He is on the panel of the ICC Malaysia Panel of Arbitrators. He is on the Panel of Arbitrators and Panel of Adjudicators of the Kuala Lumpur Regional Centre for Arbitration. He has set as arbitrator in ICC arbitrations. He is a Notary Public and also sits on the Disciplinary Committee Panel of the Advocates & Solicitors Disciplinary Board.

He has given expert testimony on Malaysian law in the Singapore High Courts. He is described by the Asia Pacific Legal 500 2010/2011 as being a "sharp and confident" litigator. He is listed by Legal 500 The Clients’ Guide to the Asia Pacific Legal Profession 2012 as a member of Skrine’s excellent group of dispute resolution lawyers. He is listed as a leading individual for dispute resolution by Chambers Asia 2011 - 2017 and described by clients as "very practical and strategic, with tremendous patience".

He is also listed as one of the world’s leading practitioners in commercial litigation in The International Who’s Who of Commercial Litigators 2010 - 2017. He is further listed as a leading practitioner in Euromoney’s Guide to the World’s Leading Experts in Commercial Arbitration 2013 - 2016. He is described in Who’s Who Legal 100, an assessment of the world's top law firms based on research into the global business law marketplace as a “big name” in the litigation field. He is also listed as a Dispute Star in Benchmark Asia-Pacific 2014 published by Euromoney. He is listed as a leading lawyer in The Asialaw Leading Lawyers Guide 2015, 2016 & 2017 focusing on the leading individuals at Asia-Pacific law firms.

  Further Details  

Areas of Practice

Arbitration (International and Domestic), Corporate & Commercial Disputes, Defamation, Directors & Officers Liability, Land Acquisition and Will/ Probate Disputes.

Professional Affiliations

  • Asia / Pacific Regional Vice Chair of the Lex Mundi Bankruptcy an International Insolvency Practice Group, Lex Mundi [2002 - 2008]
  • Member of the Investigating Tribunal panel of the Advocates & Solicitors Disciplinary Board [2003 – 2011]
  • Trustee of the Perak Chest Society [2006 onwards]
  • Assistant Secretary of the Methodist Boys’ School Old boys Association [2006 – 2007]
  • Fellow of the Malaysian Institute of Arbitrators [2008 onwards]
  • Member of the Malaysian delegation to the 5th World Chambers Congress in Istanbul [July 4-6, 2007]
  • Member of the “Focus Group on Closing Down a Business” committee of PEMUDAH which is a Public and Private Sector Committee set up by the Malaysian Government to address public service delivery issues [2007 onwards]
  • Member of the Proposed Combined Rules of Court Working Group [2008 onwards]
  • ICC Malaysia Panel of Arbitrators [2009 onwards]
  • KL Regional Centre Panel of Arbitrators [2011 onwards]
  • Notary Public [2010 onwards]
  • Member of the Disciplinary Committee Panel of the Advocates & Solicitors Disciplinary Board [2012 onwards]
  • KLRCA Panel of Adjudicators [2012 onwards]

Qualifications

  • Advocates & Solicitors, High Court of Malaya
  • Advocates & Solicitors, High Court of Singapore
  • LLB (Hons) Singapore
  • FMIArb
  • Notary Public

 Experience  

Arbitration (International)

  • Lead Counsel for the Claimant in an arbitration involving a joint-venture dispute between a Malaysian Company and a US Multi-national.
  • Lead Counsel in ICC Arbitration under the auspices of the International Court of Arbitration.
  • Arbitrator ICC Arbitration – Place of Arbitration: Mumbai.
  • Arbitrator ICC Arbitration – Place of Arbitration: Panjim, Goa.
  • Arbitrator ICC Arbitration – Place of Arbitration: Singapore.
  • Chairman ICC Arbitration – Place of Arbitration: Kuala Lumpur.
  • Arbitrator ICC Arbitration – Place of Arbitration: Singapore.

Arbitration (Domestic)

  • Lead Counsel for the Respondent in an ad-hoc arbitration between a main and a sub-contractor.
  • Lead Counsel for the claimant in an arbitration in respect of a Distribution Agreement.
  • Lead Counsel for insurers in arbitrations with law firms under the Malaysian Bar Insurance Scheme.

Aviation

  • Advised insurers on liabilities arising from commercial airplane crash MH 370.

Banking Disputes

  • Act for major banks in loan agreements disputes.

Club Disputes

  • Acted for trustees in advisory work and in respect of club disputes with members.

Commercial Litigation/ Corporate Disputes and Shareholders Disputes

  • Acted for US PGA and as Counsel for several public-listed companies and Government Link Companies including Permodalan National Bhd, Sime Darby Bhd, Employees Provident Fund, Guthrie, Lafarge and K & N Kenanga Bhd in contractual disputes and calls on performance bonds.
  • Acted for a Chinese construction company in respect of a dispute concerning the Penang 2nd bridge.

Corporate Insolvency Dispute and Restructuring

  • Acted as Lead Counsel for Universal Trustee Sdn Bhd, a trustee of public bonds, against several public listed companies for default in respect of repayments of public bonds issuances, caused by the 1997 Asian currency crisis; and in restructuring work.

Cross-Border Dispute Work

  • Acted as Malaysian Counsel on behalf of His Royal Highness Prince Jefri of Brunei in respect of the world-wide mareva injunction obtained by the Brunei Government in 2000.
  • Acted as Malaysian Counsel for Yahoo! South East Asia Pte Ltd, a Singapore incorporated company and a subsidiary of Yahoo! Inc. in a dispute with a Malaysian company on an exclusive sale.
  • Acted as Malaysian Counsel for a trust company administrating a Malaysian estate in several suits filed in the Indian Courts against the State Bank of India and several other parties.
  • Acted as Malaysian Counsel for a Singapore company in a dispute with a Malaysian company on a Distribution Agreement in 2010.
  • Acted as Malaysian Counsel for US PGA Tour in 2012.

Cross-Border Shareholders Disputes

  • Acted as Lead Counsel for the Plaintiff in minority shareholders and oppression disputes in several suits involving major corporations like Bonvest Holdings, Metro Holdings and United Overseas Land.

Construction Disputes

  • Acted for developers and contractors in several major construction disputes.
  • Acted for the contractor where the Malaysian courts in a leading case held that retention sums withheld by an employer are monies held in trust for the contractor and are claimable upon the liquidation of the employer notwithstanding that the retention sums were not set aside in a designated account separate from the employer’s general funds. The Malaysian courts declined to follow English cases which held that in similar circumstances the contractor will only be an unsecured creditor of the employer.

Defamation

  • Act as Lead Counsel for the Port Klang Authority and Dato’ Lee Hwa Beng in defamation suits filed by Kuala Dimensi Sdn Bhd and Dato’ Seri Tiong King Sing in 2010 onwards.
  • Acted as Malaysian Counsel for Sam Rainsy, the former Finance Minister of Cambodia, in a defamation suit against a Cambodian newspaper as well as the editor, publisher and printers in Malaysia in 1994.
  • Acted for Tay Khim Seng, a Member of Parliament for the MCA in a defamation suit against, amongst others, Lim Guan Eng of the DAP in 1997.
  • Acted as Lead Counsel for the New Straits Times and reporter to defend a defamations suit filed by the Chief Minister and Deputy Chief Minister of Penang.
  • Acted as Counsel for the New Straits Times and its editors and reporters to defend several defamations suits.

Expert Evidence

  • Appeared as an expert witness on Malaysian law in Singapore High Court Suit No.333 of 2008/M between Walton International Group and 4 others v Winston Yau and one other.
  • Appeared as an expert witness on Malaysian law in Singapore High Court Suit No.741 of 2010/D between Ace Canning Corporation Sdn. Bhd. V Nutritek Overseas Pte. Ltd.
  • Appeared as an expert witness on Malaysian law in Singapore High Court Originating Summons No:1075 of 2012/S between Sarawak Timber Industry Development Corporation and State Financial Secretary Incorporated v Asia Pulp & Paper Company Limited. The judgment is reported in 2013 SGHC 243.

Judicial Review applications

  • Acted as counsel for Bursa Malaysia Securities Berhad, Lafarge and Brunsfield in judicial review applications.

Land Acquisition Disputes

  • Acted for major plantation owners like Sime Darby in claims for higher compensation.
  • Acted for Brunsfield to quash land acquisition.

Land Disputes

  • Acted for Landowners and buyers in several major disputes including eviction of squatters from major plantations owned by Guthrie.

Medical Negligence Suits

  • Acted for doctors and patients in medical negligence suits.

Probate Disputes

  • Acted for the Administrator for the Estate of Dato’ Yeap Hock Hoe, founder of the Ban Hin Lee Bank involving suits filed by several beneficiaries.
  • Acted for beneficiaries, HSBC (Malaysia) Trustee Bhd and Universal Trustee Sdn Bhd in probate disputes.

Professional Negligence Suits

  • Acted under the Malaysian Bar insurance scheme to defend negligence suits filed against legal practitioners in Malaysia.

Tax

  • Acted for clients on tax appeal before the Special Commissioners of Income Tax.
  • Advised clients on inheritance tax, real property gains tax and other tax issues.

Treaty and International Legislation Advisory Work

  • Advised Yahoo! Inc. in respect of the Malaysian Mutual Assistance in Criminal Matters Act 2002 and in respect of the Asean Mutual Assistance in Criminal Matters Treaty 2004.

Experience with Indian Courts and/or Indian Law

  • Appeal Suit (AS) 639 of 1991 High Court of Kerala.
  • Original Petition No.21 of 2000 District Court of Kalpetta.
  • Original Petition No.23039 of 2000 High Court of Kerala at Ernakulam.
  • Original Petition No.10026 of 2003 High Court of Kerala at Ernakulam
  • Writ Petition No.23976 of 2004 High Court of Kerala at Ernakulam.
  • Originating Summons No.1263 of 2005 in Munsiff Court, Thirvanathadapuram.
  • Petition for Succession Certificate Original Petition (SUCC) No.2 of 2007 of Sub Court, Thirvanathadapuram.
  • ICC Arbitration – Place of Arbitration: Mumbai.
  • ICC Arbitration – Place of Arbitration:Panjim, Goa.
  • ICC Arbitration – Place of Arbitration: Singapore.

Reported Decisions include the following:-

  1. Wong Kee Sing Realty Sdn. Bhd. & Ors. v The Collector of Land Revenue, District of Gombak (1995) 1 LNS 363
  2. Tsoi Ping Kwan v Medan Juta Sdn. Bhd. & Ors.[1996] 4 CLJ 553; [1996] 3 MLJ 367
  3. Kewmoor International Limited & Anor v DB Trustee (Malaysia) Bhd. & Anor. [1997] 5 MLJ page 421 (1997) 3 CLJ 19; [1997] 5 MLJ 421
  4. Perwira Affin Bank Berhad v Pentadbir Tanah, Wilayah Persekutuan & Anor. [1997] 1 LNS 59; [1997] 471 MLJU 1
  5. Perwira Affin Bank v Saad Sdn. Bhd. [1997] 1 LNS 312; [1997] 419 MLJU 1
  6. Tan Sri Abdul Aziz Bin Zain & 2 ors. v United Overseas Land Ltd. [1997] 1 LNS 274
  7. Sangkala Sdn. Bhd. v Bennlim Engineering Sdn. Bhd. & Anor. (1998) 1 LNS 275; [1998] 648 MLJU 1
  8. Tan Chiang Brothers Marble (S) Ptd. Ltd. v Lightweight Concrete Sdn. Bhd. [1997] 4 CLJ 759; [1996] 560 MLJU 1
  9. Perwira Affin Bank Berhad v Saad Sdn. Bhd. [1997] 1 LN 81
  10. CCA Holdings Ltd. v Palm Resort Bhd. [1998] 4 MLJ 143, (1998) 4 CLJ 140
  11. Perwira Affin Bank Berhad v Lim Weow [1998] 4 CLJ 17; [1998] 3 MLJ 56
  12. Majujaya Holdings Sdn. Bhd. v Pens-Transteel Sdn. Bhd. & ors. [1998] 3 CLJ 202; [1998] 2 MLJ 399; [1998] 2 AMR 1847
  13. HSBC (Malaysia) Trustee Bhd. v Kong Kim Hoh & Ors. [1999] 3 CLJ 763
  14. Trans Pacific Hotels Sdn Bhd (In Liquidation) v Tan Sri Dato’ Francis Yeoh Sock Ping & Ors 2000 MLJU LEXIS 565; (2000) 483 MLJU 1
  15. Tan Ah Tong v Perwira Affin Bank Berhad & Ors. [2001] 7 CLJ 500; [2002] 5 MLJ 49
  16. Helen Yeap Poh Sim & Yang Lain v Universal Trsutee (Malaysia) Berhad [2001] 7 CLJ 414
  17. Rashid Hussain securities Sdn. Bhd. v Chen Then Song & Ors. [2001] 7 CLJ 137; [2001] 6 MLJ 468
  18. Perwira Affin Bank Berhad v Tan Ah Tong; Goon Gooi Cheng & Ors. Interveners [2001] 5 CLJ 28; [2001] 1 MLJ 9
  19. Lim Chee Holdings Sdn Bhd v RHB Bank Berhad (2002) 1 LNS 203
  20. Permatang Bina Sdn. Bhd. v Mitsubishi Heavy Industries Ltd. & ors (2002) 1 LNS 440
  21. Permatang Bina Sdn. Bhd. v Mitsubishi Heavy Industries Ltd. & ors (2002) 1 LNS 444
  22. Tan Tien Seng & Anot v Grobina Resorts Sdn Bhd (2002) 378 MLJU 1, (2002) 1 LNS 151
  23. Perwira Affin Bank v Tan Ah Tong (2003) MLJ 193 & (2003) 2 CLJ 320; [2003] 2 AMR 201
  24. Syarikat Jeleta Bumi @ Another v Nadarajah & Others (2003) 3 AMR 148, (2003) 2 CLJ 427; [2003] 5 MLJ 542
  25. RHB Bank v Lim Chee Holdings Sdn Bhd (2003) 1 LNS 428
  26. Highlands & Lowlands Berhad v Tamil Selvy and 7 others (2003) 6 MLJ 539 and (2003) 1 LNS 407;[2003] 6 AMR 282
  27. FACB Bhd v Ho See Sin & Ors (2003) 4 CLJ 667 and (2003) MLJU 450
  28. Henrick International Hotels & Resorts Pte. Ltd. v YTL Hotels & Properties Sdn. Bhd. & 2 others (Ct. Of Appeal) (2003) 2 CLJ 445; [2003] 3 MLJ 742; [2003] 4 AMR 359
  29. Moscow Narodny Bank Limited v Tan Sri Ngan Ching Wen, Federal Court (2004) 2 CLJ 241 & (2005) 3 MLJ 693; [2004] 4 AMR 177
  30. Tan Tien Seng & Chua Ah Hooi v Grobina Resorts Sdn Bhd (2005) 7 CLJ 70, (2005) 6 AMR 161, (2005) 7 MLJ 590
  31. Lim Chee Holdings Sdn Bhd v RHB Bank Berhad, Court of Appeal (2005) 5 AMR 478, (2005) 6 MLJ 497, (2005) 4 CLJ 305
  32. Mawar Awal (M) Sdn Bhd v Kepong Management Sdn Bhd and Perantara Jaya Sdn Bhd (2005) 7 CLJ 296 & (2005) 6 MLJ 132
  33. Eng Man Hin & Anor v. King’s Confectionery Sdn Bhd & Ors (Ramly Ali J) [2005] 8 CLJ 77 [HC]
  34. Highlands & Lowlands v John Mariasoosai and others (2005) 8 CLJ 216
  35. Henrick International Hotels & Resorts Pte Ltd v YTL Hotels & Properties Sdn Bhd & 3 Ors [2006] 4 AMR 1, HC & (2005) 8 CLJ 176
  36. SCB Development Berhad v Pemungut Hasil Tanah, Johore Bahru [2005] MLJU 510
  37. Johor Coastal Development Sdn Bhd v Pentadbir Tanah Johor Bahru [2006] 3 AMR 237, HC
  38. Liew Chum Wah & Ors v Liew Chee Seng & Ors [2008] MLJU 80
  39. Johor Coastal Development Sdn Bhd v Constrajaya Sdn Bhd [2009] 4 CLJ 569, Federal Court
  40. Kwong Yik Bank Berhad v Kwan Chew Holdings Sdn. Bhd. [2009] MLJU 632
  41. Ernest Cheong Yong Yin v Kamariyah Hamdan & Ors [2010] 1 LNS 1164, HC
  42. Gan Chiew Heang & Ors v Universal Trustee (M) Bhd & Anor (2011) 10 CLJ 213, [2010] 1 LNS 1319, HC
  43. Usape Nelson Wireless Sdn Bhd v Macro Kiosk Berhad [2011] 1LNS 620, [2011] MLJU 950
  44. Qimonda Malaysia Sdn Bhd v Sediabena Sdn Bhd & Anor [2011] 8 CLJ 269 Court of Appeal & (2012) Building Law Reports 65 & [2012] 3 MLJ 422
  45. J Raju M Kerpaya v Kwong Yik Bank Bhd [2012] 1 CLJ 66 Court Of Appeal
  46. K Elizabeth Sumana De Silva v Amir Singh Amrik Singh [2013] 1 LNS 243, HC & [2013] 9 MLJ 625
  47. Associated Pan Malaysia Cement v Westwood [2013] 1 CLJ LNS 564 and (2014) 7 MLJ 394.
  48. Loh Chin Hau v Mandy Ngan Bik Foong & Anor [2013] 1 LNS 624, HC
  49. Bukit Kapar Development Sdn Bhd v Kerajaan Negeri Selangor & Anor [2014] 1 LNS 224, HC
  50. Axens v Mission Biofuels Sdn Bhd & Anor [2014] 1 LNS 1369, HC
  51. Harbans Kaur Kesar Singh, Ranjit Singh Mahindar Singh and Mundeep Singh Mahindar Singh (suing as the beneficiaries of the estate of Mahindar Singh Nika Singh) & Ors v Associated Pan Malaysia Cement Sdn Bhd & Anor [2015] 1 LNS 380, HC
  52. Tune Insurance Malaysia Bhd & Anor v Messrs K Sila Dass & Partners [2015] 9 CLJ 93.
  53. Ahmad Zahri Mirza v Pricewaterhousecoopers Capital Sdn Bhd [2015] MLJU 878
  54. Rajamani Meyappa Chettiar v Eng Beng Development Sdn Bhd & 6 others (2015) 1 LNS 529
  55. Lim Guan Eng & Anor. v The New Straits Times Press (M) Berhad & Anor [2015] 1 LNS 1140
  56. Premier Consortium Sdn Bhd v Ho May Leng & Ors (2015) 1 LNS 1243
  57. Butiran Nyata Sdn Bhd v Tetuan Nasira Aziz & Co (2016) 6 CLJ 35
  58. Rajamani a/p Meyappa Chettiar v Eng Beng Development Sdn Bhd & Ors (2016) 3 MLJ 660 ; (2016) 4 CLJ 510
  59. Tune Insurance Malaysia Bhd & Anor v Messrs K Sila Dass & Partners (2016) 12 MLJ 571

Other Professional Work / Publications

  • Authored “Are Former Estate Workers Squatters?” - IPBA Journal, No. 28, December 2002.
  • Contributed the Malaysian Chapter for a book on the different legal systems in the world titled ‘International Commercial Debt Recovery’ published by Carswell in 2006, a division of Thomson Canada Limited.
  • Presented a paper titled ‘Recent Issues and Trends in the National Land Code 1965’ at the Malaysian Land Law Conference 2006.
  • Contributed the Malaysian Chapter for a book on the different legal systems in the world titled ‘International Commercial Secured Transactions’ published by Carswell in 2010, a division of Thomson Canada Limited.
  • Presented a workshop on defamation law to Bursa Malaysia in 2010.
  • A contributor to the Malaysian Rules of Court 2012- An Annotation published by Lexis Nexis 2012.
  • Presented a workshop on defamation law to the New Straits Times media group in 2012.
  • Wrote the Malaysia Chapter for Litigation & Dispute Resolution 2nd Ed. published by Global Legal Insights UK in 2013.
  • Presented a seminar in Penang for in-house counsel and management staff on Law of landlord and tenant on 26 & 27 August 2013.
  • Presented a talk on ‘Land Alienation Procedures & Opportunities’ and ‘Compulsory Purchase of Land by Government & Private Sector’ on 25 Feb 2014.

 
ACCOLADES & AWARDS

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

  • Competition & Antitrust
  • Corporate/M&A
  • Dispute Resolution
  • Energy & Natural Resources
  • Intellectual Property
  • IT, Telco & Media
  • Project & Infrastructure

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