Poon Wei Ying

– SENIOR LEGAL ASSOCIATE –

Part of a team that represented an international telecommunications company in court proceedings related to disputes arising from a strategic investment in a local telecommunications company where the claim sum is approximately USD 200 million and the trial spanned more than 25 days. Assisted the team in the trial preparation, settlement negotiations and at trial. Also assisted the court as a contemporaneous transcriber during the court proceedings, in respect of a witness who has reduced hearing ability due to old age.

Part of a team that defended an arbitration action brought by the owner of a power plant against a multinational conglomerate for alleged negligence in the design, manufacture, supply and installation of a turbine. The matter was highly technical and involved understanding the workings of a turbine and perusing voluminous documents including engineer’s reports. Involvement includes the filing and responding to interlocutory applications in the arbitration proceedings such as discovery applications and a joinder application. The application to join third parties was successful and third parties were also joined to the arbitration proceedings.

Part of a team that represented a foreign reinsurer company in an application filed at the High Court. This application was to set aside an arbitral award granted in the client’s favour and the filing of enforcement proceedings to enforce the arbitral award, in relation to a claim for an alleged breach of a reinsurance treaty. The application to set aside the arbitral award was successfully resisted at the High Court.

Acted for 15 Indonesian crew members who were imprisoned and subsequently detained in Malaysia in relation to their deportation from Malaysia. Liaised with the Malaysian Prison Department, Immigration Detention Centre, Royal Malaysia Police, Indonesian Embassy and the courts as well as assisting in holding a watching brief for the crew members in an Anti-trafficking in Persons and Anti-smuggling of Migrants Act 2007 court proceedings brought against a third party. Successfully expedited their deportation process from Malaysia during the period of the Covid-19 pandemic.

Successfully applied for an Anton Piller Order and interim injunctions in relation to a suit for breach of contract, unlawful business interference and tort of conversion filed at the High Court.

Acted for a management company in relation to a recreational membership scheme under the Interest Schemes Act 2016. Experience includes the lodging the relevant prospectus with the Companies Commission of Malaysia on an annual basis, preparation of supplemental deed of trust, preparation of supplemental prospectus and submitting the same for registration and liaising with the trustees and statutory and regulatory body.

Having been left an inheritance by her late mother, the litigant engaged the defendant who promised to expedite the distribution of assets to her, since the executors of the will were uncooperative. However, the defendant did not perform his obligations as he was supposed to, and when the litigant terminated the engagement, the defendant claimed the sum promised to him under the contract in the event of termination by the litigant. The litigant sued the defendant for monies already paid to him, and the defendant counterclaimed for the amount to be paid by the litigant should the engagement be terminated. The Sessions Court dismissed the litigant’s claim and allowed the defendant’s counterclaim, which was upheld by the High Court on appeal. NKPT took over the matter at the Court of Appeal stage which overturned and reversed the High Court’s decision, holding that the clause in the contract to be a penalty clause.