Overview  

Leong Wai Hong is the Chairman of Skrine's executive committee of partners since 2009. He is also the Head of the Dispute resolution division. He did his law in the National University of Singapore. He has more than 20 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 Chartered Institute of Arbitrators (UK) and 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 as a leading individual for dispute resolution by Chambers Asia 2011 and 2012. 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, 2011 and 2012.

He enjoys travelling, sports and reading history, archaeology and the military.

  Further Details  

Areas of Practice
His areas of expertise include 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 Chartered Institute of Arbitrators (UK) [2006 onwards]

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]

Qualifications
Advocate & Solicitor, High Court of Malaya

Advocate & Solicitor, High Court of Singapore

LLB (Hons) Singapore

FCIArb (UK)

FMIArb

Notary Public

Reported Decisions include the following:

• Wong Kee Sing Realty Sdn. Bhd. & Ors. V The Collector of Land  Revenue, District of  Gombak (1995) 1 LNS 363
• Tsoi Ping Kwan v Medan Juta Sdn. Bhd. & Ors.[1996] 4 CLJ 553;  [1996]3MLJ 367
• Kewmoor International Limited & Anor v DB Trustee (Malaysia) Bhd. & Anor.  [1997]5 MLJ    page 421(1997) 3 CLJ 19; [1997] 5MLJ 421
• Perwira Affin Bank Berhad v Pentadbir Tanah, Wilayah Persekutuan & Anor. [1997] 1 LNS59; [1997] 471 MLJU 1
• Perwira Affin Bank  v Saad Sdn. Bhd. [1997] 1 LNS  312; [1997] 419 MLJU   1
• Tan Sri Abdul Aziz Bin Zain & 2 ors. V United Overseas Land  Ltd.[1997]1   LNS  274
• Sangkala Sdn. Bhd. V Bennlim Engineering Sdn. Bhd. & Anor. (1998) 1LNS 275; [1998] 648 MLJU 1
• Tan Chiang Brothers Marble (S) Ptd. Ltd. V Lightweight Concrete Sdn. Bhd.   [1997]4 CLJ  759; [1996] 560 MLJU 1
• Perwira Affin Bank Berhad v Saad Sdn. Bhd. [1997) 1 LN  81
• CCA Holdings Ltd.v Palm Resort Bhd. [1998]4 MLJ 143, (1998) 4 CLJ 140
• Perwira Affin Bank Berhad v Lim Weow  [1998) 4 CLJ 17; [1998]3 MLJ 56
• Majujaya Holdings Sdn. Bhd. V Pens-Transteel Sdn. Bhd. & ors. [1998]3 CLJ  202; [1998]2 MLJ 399; [1998]2 AMR 1847
• HSBC (Malaysia) Trustee Bhd.v Kong Kim Hoh & Ors. [1999] 3 CLJ 763
• Trans Pacific Hotels Sdn Bhd ( In Liquidation ) v Tan Sri Dato’ Francis Yeoh Sock Ping & Ors  2000 MLJU LEXIS 565; (2000) 483 MLJU 1
• Tan Ah Tong v Perwira Affin Bank Berhad & Ors.[2001] 7 CLJ 500; [2002]5 MLJ 49
• Helen Yeap Poh Sim & Yang Lain lwn Universal Trsutee (Malaysia) Berhad [2001]7 CLJ 414
• Rashid Hussain securities Sdn. Bhd. V Chen Then Song & Ors.[2001] 7 CLJ 137; [2001]6 MLJ 468
• Perwira Affin Bank Berhad v Tan Ah Tong; Goon Gooi Cheng & Ors.Interveners [2001]5CLJ 28;[2001]1MLJ 9
• Lim Chee Holdings Sdn Bhd v RHB Bank Berhad  (2002) 1 LNS 203
• Permatang Bina Sdn. Bhd. V Mitsubishi Heavy Industries Ltd. & ors (2002) 1 LNS 440
• Permatang Bina Sdn. Bhd. V Mitsubishi Heavy Industries Ltd. & ors (2002) 1 LNS 444
• Tan Tien Seng & Anot v Grobina Resorts Sdn Bhd (2002) 378 MLJU 1, (2002) 1 LNS 151
• Perwira Affin Bank v Tan Ah Tong  (2003) MLJ 193 & (2003) 2 CLJ 320; [2003]2AMR 201
• Syarikat Jeleta Bumi @ Another v Nadarajah & Others (2003) 3 AMR 148, (2003) 2 CLJ 427; [2003]5 MLJ 542
• RHB Bank v Lim Chee Holdings Sdn Bhd (2003) 1 LNS 428
• Highlands & Lowlands Berhad v Tamil Selvy and 7 others (2003) 6 MLJ 539 and (2003) 1 LNS 407;[2003] 6 AMR 282
• FACB Bhd v Ho See Sin & Ors (2003) 4CLJ 667 and (2003) MLJU 450
• 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
• Moscow Narodny Bank Limited v Tan Sri Ngan Ching Wen, Federal Court ( 2004 ) 2 CLJ 241 & (2005)3 MLJ 693;[2004] 4 AMR 177
• Tan Tien Seng & Chua Ah Hooi v Grobina Resorts Sdn Bhd (2005) 7 CLJ 70, (2005)6 AMR 161,(2005)7 MLJ 590
• Lim Chee Holdings Sdn Bhd v RHB Bank Berhad, Court of Appeal (2005)5 AMR 478, (2005) 6 MLJ 497, (2005) 4 CLJ 305
• Mawar Awal (M) Sdn Bhd v Kepong Management Sdn Bhd and Perantara    Jaya Sdn Bhd (2005) 7 CLJ 296 & (2005) 6 MLJ 132
• Eng Man Hin & Anor v. King’s Confectionery Sdn Bhd & Ors (Ramly Ali J) [2005] 8 CLJ 77 [HC]
• Highlands & Lowlands v John Mariasoosai and others ( 2005) 8 CLJ 216
• Henrick International Hotels & Resorts Pte Ltd v YTL Hotels & Properties Sdn Bhd & 3 Ors [2006] 4 AMR 1, HC & (2005) 8 CLJ 176
• SCB Development Berhad v Pemungut Hasil Tanah, Johore Bahru [2005]MLJU 510
• Johor Coastal Development Sdn Bhd v Pentadbir Tanah Johor Bahru  [2006] 3 AMR 237, HC
• Liew Chum Wah & Ors v Liew Chee Seng & Ors [2008] MLJU 80
• Johor Coastal Development Sdn Bhd v Constrajaya Sdn Bhd [2009] 4 CLJ 569,Federal court
• Kwong Yik Bank Berhad v Kwan Chew Holdings Sdn. Bhd. [2009] MLJU 632
• Ernest Cheong Yong Yin v Kamariyah Hamdan & Ors [2010] 1 LNS 1164, HC
• Gan Chiew Heang & Ors v Universal Trustee (M) Bhd & Anor [2010]1 LNS 1319, HC
• Usape Nelson Wireless Sdn Bhd v Macro Kiosk Berhad [2011] 1LNS 620, [2011] MLJU 950
• 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
• J Raju M Kerpaya v Kwong Yik Bank Bhd [2012] 1 CLJ 66 Court Of Appeal

  Experience  

Engagements include:-

Arbitration (International)

• Acted in an international arbitration in 1989 in Singapore between a major Korean construction and engineering multinational and the Singapore developer.
• Lead Counsel for the Claimant in an arbitration involving a joint-venture dispute between a Malaysian Company and a US Multi-national.
• Acted in a joint-venture dispute from 2007 to 2010 in an ICC Arbitration under the auspices of the International Court of Arbitration.
• Act as arbitrator in ICC Arbitrations from 2010 onwards.  

 Arbitration (Domestic)

• Acted for the developer in an arbitration in respect of a luxury condominium from 1990-1992 in Singapore.
• Lead Counsel for the Respondent in an ad-hoc arbitration between a main and a sub-contractor in 1995.
• 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.

 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

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 (instructed by Lovells PLC) 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 sales agreement in 2009 and 2010.
• 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 from 2002 onwards.
• Acted as Malaysian Counsel for a Singapore company in a dispute with a Malaysian company on a Distribution Agreement in the amount of  several million Singapore dollars 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 Counsel for the New Straits Times and its editors and reporters to defend several defamations suits from 2008 onwards.

 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.

Judicial Review applications

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

Land Acquisition Disputes

• Acted for major plantation owners like Sime Darby in claims for higher compensation.

 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 from 1997 to 2010.
• Acted for HSBC (Malaysia) Trustee Bhd and Universal Trustee Sdn Bhd in several 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 No:17393/CYK – Place of Arbitration: Mumbai
• ICC Arbitration No:17914/CYK – Place of Arbitration:Panjim, Goa (India)

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.
• Presented a workshop on defamation law to the New Straits Times media group in 2012.