Nathalie Ker Senior Associate

Contact
T +603 2081 3999 ext 874
E nathalie.ker@skrine.com
 

Overview


Nathalie is a commercial litigator and her work focuses on commercial and corporate disputes, restructuring and insolvency, and fraud and asset recovery.
 
She has acted in a variety of company and shareholder disputes. She has acted in contentious winding up proceedings and advised on restructuring exercises, including capital reduction and distribution of dividends in specie.
 
Nathalie also acts for and advises receivers and managers in receivership matters and in relation to judicial management proceedings.
 
Her fraud and asset recovery experience include obtaining urgent search orders and freezing orders to secure evidence and assets, discovery orders against banks and other third parties, and other interim orders in aid of effective litigation.
 

Key Practice Areas

  • Company Law and Shareholders’ Disputes
  • Commercial Litigation and Arbitration
  • Fraud and Asset Recovery
  • Restructuring and Insolvency
  • Regulatory Enforcement
 

  • Acted as junior counsel for shareholders in a group of family companies in a capital reduction process involving distribution in specie of assets worth RM123 million.
  • Acted as junior counsel for shareholders in a complex mediation of three family shareholder/company disputes involving four companies and an estate with assets in four jurisdictions with a total worth of about RM320 million.
  • Acted as junior counsel for shareholders in a successful international mediation in the Singapore International Mediation Centre involving assets worth SGD68 million.
  • Acted as junior counsel for shareholders in a successful application for directions to implement a settlement set out in a consent order entered into by opposing factions in an international group of family companies worth over RM300 million. Further, acted for the shareholders in successfully opposing the application to set aside the consent order.
  • Assisted in advising the shareholders of a company in calling for an Extraordinary General Meeting to appoint additional directors and acted as junior counsel for the shareholders in successfully resisting an application for an injunction to restrain the company from holding the Extraordinary General Meeting.
  • Acted as junior counsel for a private family company in an application for a Fortuna injunction to restrain the winding up of the company by the estate of the founder of the company.
  • Advised various companies on issues in relation to the law of company meetings, including the conduct of shareholders’ meetings and directors’ meetings, validity of resolutions passed, and the rights of appointed proxies.

  • Acting as junior counsel for the subsidiary of a public company in arbitration proceedings against the Government for a claim of approximately RM150 million in relation to a technology contract.
  • Acted as junior counsel in an arbitration between two pharmaceutical companies involving a claim of approximately RM10 million, dealing with the imposition of penalties.
  • Acted as junior counsel for a major oil and gas company in successfully opposing a garnishee application for the sum of approximately RM6 million.

  • Acted as junior counsel for a Malaysian trading house which is the subsidiary of a Japanese public listed company on the Tokyo and Nagoya Stock Exchanges in a claim for more than RM179 million against 20 defendants for fraud, knowing receipt, dishonest assistance and conspiracy and to trace the monies and assets moved into different jurisdictions. Successfully obtained urgent freezing and search orders, and Bankers Trust discovery orders against the defendants.
  • Acted as junior counsel for a public company and its director in a successful trial involving fraud, false representations, and breach of an employment contract by the defendant.

  • Advised various receivers and managers in receivership of companies and assets, including advice on the validity of their appointment by the banks.
  • Advised and acted as junior counsel for receivers and managers in receivership of a company on behalf of a bank where the company filed judicial management applications under the Companies Act 2016.
  • Assisted in advising a Chinese consortium on a restructuring exercise in relation to the acquisition of a stake in a parent company and its group companies worth approximately USD645 million.

  • Acted as junior counsel for the Securities Commission in successfully opposing a judicial review application by an auditor in relation to the inquiry proceedings of the Audit Oversight Board of the Securities Commission on the auditor for failure to comply with the International Standards on Auditing in respect of an audit on the financial statements of Silverbird Group Bhd: see Lee Kok Wai v Securities Commission Malaysia [2015] 4 CLJ 260.
  • Acted as junior counsel for the Securities Commission in successfully striking out a civil action based on the Whistleblowers Protection Act 2010.
  • Acted as junior counsel for the Securities Commission in a matter involving insider trading of shares in a public listed company under section 188 of the Capital Markets and Services Act 2007.

Qualifications:
  • Advocate & Solicitor, High Court of Malaya (2014)
  • Barrister-at-Law (Gray’s Inn) (2013)
  • LL.B (First Class Honours), University of Leeds (2012)

Authored the following articles:

Company Law
Receivership and Insolvency
  • Author, Restructuring & Insolvency, Malaysia Chapter, Getting the Deal Through - 2017 and 2018.
  • Author, The Game of Loans: The Corporate Insolvency Changes Under the Companies Act 2016, The Malaysian Accountant (March-April 2017).
  • Author, Corporate Insolvency, Corporate Rehabilitation and Receivership, Pacific Rim Advisory Council (PRAC) Newsletter.
Fraud and Asset Recovery
Civil and Commercial Litigation
  • Author, The Google Order, Skrine’s Legal Insights 4/2017
  • Author, Sale by Tender: When Does a Contract Arise?, Skrine’s Legal Insights.
 Presented the following talks:
  • Speaker, “How to Slay a Dragon – Shareholder Remedies Under the Companies Act 2016: Winding Up, Oppression and Derivative Action”, Kuala Lumpur Bar.
  • Speaker, “Fraud: Catch Me If You Can”, Skrine’s Professional Development and Knowledge Management Talk.