Overview  

Our Expertise

Skrine acts for major international and domestic financial institutions. Our litigation experience covers all aspects of banking and customer relationship ranging from routine recovery and foreclosure proceedings to confidentiality and negligence.

Notable Experience

• Acted for a leading Bank in an ongoing matter in which claims for fraud were brought against high ranking officers for losses sustained from Islamic banking transactions of up to RM760 million. Advised on all aspects of the case including possible criminal investigations.

• Advised and acted in all 3 tiers of court proceedings for a commercial bank which involves a novel point of law in Malaysia concerning the priority of charges over assets.

• Advised and acted for major banks (both in Malaysia and Singapore) in loan agreement disputes.

• Represented a major bank in Malaysia in the High Court and Court of Appeal in a heavily contested case against a borrower for breach of loan facilities. The bank obtained an Order for Sale for a prime piece of land located at Ulu Kelang. Despite the Order for Sale, the borrower filed numerous suits and applications (including stay and injunction) against the bank to delay and frustrate the auction. This case is reported in the law journal (Perwira Affin Bank Bhd v. Tan Ah Tong [2003] 5 MLJ 193).

• Represented a foreign bank in the High Court case of Re: Chan Teik Huat; Ex-Parte:Oversea- Chinese Banking [2007] MLJU 446 which involved a novel issue of whether the bank has failed to convert the Judgment sum (which is in foreign currency) into Ringgit Malaysia at the date of the issuance of the Bankruptcy Notice. The judgment debtor, dissatisfied with the High Court's decision which was granted in favour of the bank, filed an appeal to the Court of Appeal. Recently, the Court of Appeal affirmed the High Court's decision.

• 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.

• Acted 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)

• Acting for major banks in numerous debt recovery actions that generally include civil, foreclosure, execution, bankruptcy and winding up proceedings.

Publications

Legal Insights Issue 03/2012, September 2012 – "Refer to Drawer"
This article explains the dangers of the indiscriminate use of the above-referred phrase.

Legal Insights Issue 03/2012, September 2012 – "Liability on Unauthorised Credit Card Charges"
A practical guide series.

Legal Insights Issue 3/2010, September 2010  – Court's right to refer cases to an arbitrator or special referee
A summary of the High Court's decision in Bank Simpanan Nasional v Cyber Business Solutions Sdn Bhd.

Legal Insights Issue 1/2010, March 2010 – What's in A Name
The High Court's decision in Re Mohd Zuhri Mohd Idris; Ex Parte Bumiputra-Commerce Bank Bhd [2010] 1 CLJ 786.

Legal Insights Issue 2/2009, June 2009 – Can a Bank Blindly Follow It's Customer's Instructions?
The Court of Appeal's decision in Bank Utama (Malaysia) Berhad v Insan Budi Sdn Bhd.

Legal Insights Issue 1/2009, March 2009 – Best Practice Series – Debt Recovery
Some best practices adopted by businesses to recover debts owed.

Legal Insights Issue 3/2008, October 2008 – Is failure to reply an admission of Debt
A commentary on PECD Construction Sdn Bhd v Freehold Point Sdn Bhd and Tan Cheng Hock v Chan Thean Soo.

Legal Insights Issue 2/2007, July 2007 – Standard Chartered Bank M'sia v Hew Hai Woon
This case highlights the pitfalls for a chargee who signs a charge-in-substitution on behalf of a charger.

Legal Insights Issue 2/2004, June 2004 – DEJAVU – The court of appeal revisits The Mae Perkayuan Case
Bumiputra-Commerce Bank Bhd, Kuala Terengganu v. Chendering Development Sdn Bhd [2004] 1 CLJ 781 discussed.

Legal Insights Issue 1/2004, March 2004 - Banking Legislation – Recent Amendments
Commentary on the salient amendments to these statutes.

  People  

Partners in Practice Group

Leong Wai Hong Partner  |  Dispute Resolution Division Tel: 603 - 2081 3999  |  Fax: 603 - 2094 3211  |  E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it	Profile
Lim Koon Huan Partner  |  Dispute Resolution Division Tel: 603 - 2081 3999 ext 741  |  Fax: 603 - 2094 3211  |  E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it	Profile
Oommen Koshy Partner  |  Dispute Resolution Division Tel: 603 - 2081 3999 ext 89  |  Fax: 603 - 2094 3211  |  E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it	Profile
Preetha Pillai Partner  |  Dispute Resolution Division Tel: 603 - 2081 3999 ext 748  |  Fax: 603 - 2094 3211  |  E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it	Profile
Loo Peh Fern Partner  |  Dispute Resolution Division Tel: 603 - 2081 3999 ext 745  |  Fax: 603 - 2094 3211  |  E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it	Profile
Claudia Cheah Pek Yee Partner  |  Dispute Resolution Division Tel: 603 - 2081 3999 ext 713  |  Fax: 603 - 2094 3211  |  E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it	Profile