Claudia specialises in banking and finance litigation as well as disputes in the restructuring and insolvency sphere. She also handles a broad spectrum of commercial and civil litigation matters. 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.
She has been described by clients as “always attentive and hands-on on all the files delivering professional service on a timely manner which is important in the debt recovery and banking practice. She also thinks outside the box”, “provides solutions which serve commercial purpose and yet resolve legal complications and obstacles which we treasure very much”, “able to manoeuvre and set precedent in the grey area of fintech where precedents are scarce in Malaysian law”, “does not charge unreasonable fees or excessively. Her deliverables and work remain professional and of standard” (Legal 500); “Claudia Cheah is very well-versed in insolvency matters and provides commercial savvy and practical advice to help us strategise on how to recover debts. She is also very responsive, and provides accurate and quick turnaround for all the legal matters instructed”, “She is independent and requires minimal follow-up for the latest updates” and “She is very prompt in her service delivery and leverages on the expertise within Skrine effectively to bring optimal solutions to address client issues” (Benchmark Litigation).
She heads the Firm’s China Desk, which is aimed at contributing to the bilateral Malaysia-China legal cooperation and participation in the legal sphere of the One-Belt-One-Road policy and Made in China 2025 strategic plan.
谢碧怡律师的业务领域注重于银行和金融业，以及企业重组和破产领域方面的诉讼。她也在处理广泛的商业和民事诉讼案件方面有着丰富的经验。谢律师也作为辩护律师，代表客户在高等法庭、上诉法院以及最高联邦法院出庭处理案件、辩护和出席听证会。客户对她的评价为“始终专注并亲自参与所有事项，以及时提供专业服务，这在债务追回和银行业中是非常重要的。 面对问题时她也能跳出传统的思维框架。", “提供可达到商业目的的解决方案，也同时解决了法律方面的问题和障碍，这点我们非常珍视”，“在马来西亚法律还缺少先例的金融科技这块灰色地带，能够开展工作并树立先例” 以及 “不会收取不合理或过多的费用。 她交出的成果和工作是专业且符合标准的”(法律500强);“ 谢碧怡律师非常了解破产相关的事项，并提供具有商业智慧且实际的建议，帮助我们制定策略以追回债务。 她的回应也很积极，并对所指示的所有法律事务提供准确，快速的回复。”, “她是独立的，并且需要极少的跟进来获得最新的更新。”“她在提供服务方面非常迅速，并且有效地利用思纪龄的专业知识来为客户提供最佳解决问题的方案。”(Benchmark Litigation)
Key Practice Areas
- Banking and Finance Litigation 银行和金融业诉讼
- Restructuring and Insolvency 企业重组和破产
- Commercial Litigation and Arbitration 商业诉讼和仲裁
- Civil Litigation 民事诉讼
- Acted for banks in loan recovery actions against London Biscuits Berhad, a public listed company involved in manufacturing of various confectionery. The case received wide coverage in local news articles.
- Acted 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, instructing private investigators and foreign parties to carry out assets tracing and vessels tracing exercise and successfully obtaining a judgment after full trial for a sum of RM55 million against the Government of Malaysia in respect of post-receivership funding expended to complete two navy vessels.
- Acted 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.
- Acted for a bank in loan recovery actions against a group of companies in the shipping industry in respect of loan facilities in the sum of RM1 billion and advised on the appointment and upliftment of receivers and managers, contracts with government and third parties, claims brought by third parties and disputes with insurers and re-insurers.
- Acted 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 Islamic financing facilities exceeding RM250 million. Part of the recovery actions included resisting several heavily contested injunction applications to restrain the appointment and actions of the Receiver and Manager and preservation orders (Sigur Ros Sdn Bhd & Anor v Maybank Islamic Berhad & Anor  1 LNS 1413, Sigur Ros Sdn Bhd & Anor v Maybank Islamic Berhad & Anor  1 LNS 669, Sigur Ros Sdn Bhd & Anor v Maybank Islamic Berhad & Anor  1 LNS 267, Sigur Ros Sdn Bhd & Anor v Maybank Islamic Berhad & Anor 1 LNS 220, Sigur Ros Sdn Bhd & Anor v Maybank Islamic Berhad & Anor  1 LNS 1555).
- 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 bridging 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 developer’s claim was dismissed after a full trial and the decision was upheld by the Court of Appeal (Lim Chee Holdings Sdn Bhd v RHB Bank Berhad & Anor  1 LNS 203, Lim Chee Holdings Sdn Bhd v RHB Bank Bhd  4 CLJ 305).
- 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.
- Acted for several banks in the civil actions and liquidation process of London Biscuits Berhad and its related companies.
- Acted for a creditor and successfully shown cause for removal of an existing liquidator and substitution of a new liquidator in the case of Rafan Holdings Sdn Bhd v Chip Lam Seng Sdn Bhd  1 LNS 265.
- Acted in a heavily contested matter involving both voluntary winding up and winding up proceeding by the court, together with application for appointment of a provisional liquidator in Malayan Banking Bhd v Chip Lam Seng Enterprise Bhd  5 CLJ 260.
- Acted in the case of United Overseas Bank (Malaysia) Bhd v Hytex Apparels Sdn Bhd  1 LNS 1068 whereby the court dismissed applications to stay a winding up order.
- Acted in a heavily contested winding up proceeding in Smartframe Sdn Bhd v Anjung Bahasa Sdn Bhd  4 CLJ 416.
- Acted in the case of Re: J Raju M Kerpaya @ Jayaraman Kerpaya ; Ex-Parte: Kwong Yik Bank  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.
- Acted for a foreign bank in a heavily contested bankruptcy action against a business tycoon which went up to the apex court (Moscow Narodny Bank Ltd v Ngan Ching Wen  2 CLJ 241, Moscow Narodny Bank Ltd v Ngan Ching Wen  3 MLJ 693). 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.
- Acted in the case of Eng Man Hin & Anor v King’s Confectionery Sdn Bhd & Ors  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.
- Acted in the case of Mohd Yusof @ Suud Abdullah v RHB Bank Berhad  1 LNS 385 which involved an application to set aside a bankruptcy notice on the ground of set off.
- Acted in the case of Tan Tien Seng & Anor v Grobina Resorts Sdn Bhd  4 CLJ 583 and resisted an opposition by contributory to a winding up petition.
- Acted for the directors of a public listed company in boardroom disputes between the board of directors and shareholders of the company.
- Appeared as co-counsel in the Federal Court case of Johor Coastal Development Sdn Bhd v Constrajaya Sdn Bhd  4 CLJ 569 whereby the Federal Court revisited its earlier decision in Selva Kumar a/l Murugiah v Thiagarajah a/l Retnasamy  2 CLJ 374 on the interpretation of section 75 of the Contracts Act 1950.
- 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 as well as at the execution of judgment stage (Tan Tien Seng & Anor v Grobina Resorts Sdn Bhd  1 LNS 151, Tan Tien Seng & Anor v Grobina Resorts Sdn Bhd (No. 2)  7 CLJ 70, Tan Tien Seng & Anor v Grobina Resorts Sdn Bhd  6 CLJ 654).
- Acted in the case of The New Straits Times Press (Malaysia) Berhad v Merge Media Holdings Sdn Bhd & Ors  MLJU 0422 where the court rejected the debtor’s application to stay the execution of a judgment pending trial of its counterclaim.
- Acted in the case of Mawar Awal (M) Sdn Bhd v Kepong Management Sdn Bhd and Perantara Jaya Sdn Bhd  7 CLJ 296 whereby the court granted specific performance of a building contract.
- 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 client’s claim for breach of contract involving the sale and purchase of refined bleached deodorised palm oil. The decision was affirmed by the Court of Appeal and leave to appeal to the Federal Court was not granted.
- 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 an award for aggravated damages of RM1 million which is unprecedented in Malaysia. The case was reported in the local newspapers. The High Court trial decision was upheld by the Court of Appeal and the Federal Court. Novel issues of law including the liability of private hospital was decided (Dr. Hari Krishnan & Anor v Megal Noor Ishak Megat Ibrahim & Anor  3 CLJ 427, Dr. Hari Krishnan & Anor v Megal Noor Ishak Megat Ibrahim & Anor  1 LJS 1476).
- 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. Arising out of some of these cases, also negotiated and drafted settlement agreements for the relocation of estate workers, church, temple and school.
- 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  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 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  7 CLJ 414. The High Court dismissed the committal proceeding and the case received wide coverage in the local newspapers.
- Acted for the largest media company in Malaysia in numerous defamation actions including the following:-
- action brought by the Chief Minister of a State (Lim Guan Eng & Anor v The New Straits Times Press (M) Berhad & Anor  1 LNS 1140).
- action involving the press conference concerning allegations made against the former Prime Minister and his wife (Americk Sidhu v The New Straits Times Press (M) Bhd  1 LNS 1249)
- action brought by the Menteri Besar of Kelantan arising out a report involving the ‘Bersih 3.0’ rally
- action brought by the former chief of the Federal Commercial Crime Investigation Department
- several actions brought by Members of Parliament
- action brought by Perbadanan Kemajuan Negeri Selangor
- 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. The decision was upheld by the Court of Appeal (Gan Chiew Heang &Ors v Universal Trustee (M) Bhd & Anor  10 CLJ 213).
- 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. The High Court allowed the Plaintiffs’ claims. The Court of Appeal set aside the High Court’s decision on appeal (Wong Twee Keng & Anor v Wong Swee Min & Anor  4 CLJ 876).
- 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  1 LNS 1204).
- 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.
- Advocate and Solicitor, High Court of Malaya (1999)
- LL.B (Hons), University of Manchester (1997)
- Co-Chair, International Women’s Insolvency & Restructuring Confederation (IWIRC) Malaysia Network.
Authored the following publications/articles:
Delivered the following presentations:
- Contributor, Chapter 14 “Avoiding Antecedent Transactions”, Law and Practice of Corporate Insolvency in Malaysia (Sweet & Maxwell) [2019 Ed.]
- Author, “I hereby Assign to Thee, Absolutely” an article in the Current Law Journal  1 LNS (A)
- Author of various articles published in Skrine's Legal Insights
- Author, ‘Acceptance of Part-Payments in the Midst of Bankruptcy Proceedings – An Abuse of Court Process?’, Kuala Lumpur Bar Committee Newsletter, Relevant Issue No. 1/2004
- Delivered a talk on “Corporate Rescue Mechanisms” organised by IWRIC
- Delivered talks relating to Commercial Contract Disputes in Mandarin at a seminars organised by the China Enterprises Association
- Delivered a talk on “Undertaking Banker’s Tortious Liabilities and Duties”, at an event organised by the Current Law Journal
- Delivered a talk on “Enforcement of Foreign Judgments” at a seminar organised by the Kuala Lumpur Bar Committee
- Delivered a talk on “Enforcing Foreign Judgments and Arbitral Awards” at the Lex Mundi Dispute Resolution panel discussion in Sydney, Australia
- Delivered talks on ‘Insurance Law’ at the Department of Mathematical Sciences, Universiti Malaya
- Delivered various talks at the 90 minutes with Skrine series
- Delivered a talk on “Foreclosure Proceedings – Legal Procedure and Practical Challenges” to various banks as part of the “Talk on Insolvency for Lenders”, KPMG Corporate Services Sdn Bhd
- Delivered a talk on “National Land Code – Indefeasibility of Titles and Charges”, PricewaterhouseCoopers Malaysia
- Delivered a talk on “Law of Contract – Basic Principles and Boilerplate Clauses”, Sime Darby Group at the Sime Darby Convention Centre
- Delivered a talk on “Duties & Liabilities of Directors & Company Officers” at the Finance Department Workshop, Sime Darby Group
- Delivered a talk on “Landlord and Tenant: Legal Remedies” for an estate management company
- Conducted in-house trainings for the estate managers on the laws governing provision of housing to estate workers, Kumpulan Guthrie Bhd (now known as Sime Darby Bhd)
- Delivered a talk on “Banking Litigation – Legal Process and Practical Challenges”, 67th Head of Regional Corporate Remedial Management Meeting, Malayan Banking Berhad.
- Conducted legal workshops and talks at several banks.