Denise Phang

– SENIOR ASSOCIATE–

Denise graduated with a Bachelor of Laws (Hons) from the University of London and obtained her Certificate in Legal Practice (CLP) from the Legal Profession Qualifying Board Malaysia. She commenced her pupillage at MahWengKwai & Associates under the tutelage of Mr Raymond Mah and was admitted to the Malaysian Bar in 2015.

Denise is a Senior Associate at MahWengKwai & Associates who leads the Land Dispute Team of the firm. She is a civil litigator and is particularly active in land dispute cases such as land acquisition, breach of land-related contracts and trespass.

Denise regularly appears as lead counsel in land reference proceedings at the High Court and Court of Appeal representing landowners whose land has been acquired for mega-projects such as the Langat 2 Water Project, TNB, MRT, LRT3, RTS, and various highways such as DUKE, DASH, EKVE, and SUKE.

Denise is equally well versed in planning, development, infrastructure, construction and environmental laws. She regularly represents clients in complex and high-value claims in adjudication and arbitration proceedings. Denise is also a contributor to the Environmental Law chapter of the Halsbury’s Laws of Malaysia published by LexisNexis Malaysia.

Denise is described as “well prepared”, “analytical” and “excellent” in the 2019 Asialaw Profiles survey and is the youngest lawyer listed as one of the Best Lawyers Based On Aggregate Score in the Client Service Report: Malaysia 2019 published by Asialaw Profiles.

Denise is also named as a Rising Star in 2022 by Asian Legal Business Malaysia (Thomson Reuters) which recognises young lawyers under the age of 40 who have been making an impact in Malaysia’s legal scene.

Career to date

2015   Associate, MahWengKwai & Associates
2015   Called to the Malaysian Bar
2014   Pupil-in-Chambers, MahWengKwai & Associates
2013   Clerkship, David Soosay & Co

Educational achievements

2014  Certificate of Legal Practice
2013  Bachelor of Laws (Hons), University of London

Particular litigation experience

Adjudication/ Arbitration

• Adjudication claim for the recovery of professional fees of the supply and installation of electrical and mechanical works and services.
• Adjudication claim for the recovery of payment for the supply and installation of office furniture.
• Arbitration of dispute arising from the development and construction of residential bungalow and double-storey terrace houses.

Construction Litigation

• Claim for declarations that counterclaims are prohibited in adjudication proceedings under CIPAA 2012, High Court.
• Claim for a declaration that a principal’s call on the performance bond is invalid and for an injunction to restrain the principal from making further calls on the performance bond, Session Court.

Land Acquisition

• Claim for compensation due to the acquisition of the entire parcel of land and the five-storey building thereupon in Jalan Tun Razak, Kuala Lumpur.
• Claim for compensation due to the entire parcel of land which has been approved for the development of 63 condominium units at Ampang Jaya, Kuala Lumpur.
• Claim for compensation due to part acquisition of religious land in Jinjang, Kuala Lumpur.
• Dispute on market value of land due to part acquisition of the land, Court of Appeal.

Corporate and Commercial Litigation

• Winding up of companies, High Court.
• Claim by an African company against a Malaysian company for a breach of contract for the supply of palm oil to Africa, Court of Appeal.
• Removal of a company director and a claim against the director for breach of  trust and fiduciary duties , Sessions Court.
• Claim against a company director for breach of fiduciary duties and confidentiality, Session Court.
• Defending a claim for the return of deposit forfeited pursuant to a breach of an agreement for the sale and purchase of shares, Sessions Court.

Other Civil Matters

• Disputes arising from an undertaking for the delivery of gold bars which were seized by Bank Negara Malaysia, Court of Appeal.
• Disputes between a Multi-level Marketing company and its distributors, Court of Appeal.
• Defending a claim for defamation arising from a letter of complaint to a government department, High Court.
• Claim for release of performance bond for the operations of a sand mine, Session Court.
• Claim for vacant possession of premises and outstanding rental from tenants, Session Court.
• Claim for breach of an agreement for the sale and purchase of property, Magistrate’s Court.

Reported Cases

• Chong Chee Piao & Ors v Koh Wah Leong [2023] 3 MLRA 649
• KCSB Konsortium Sdn Bhd v Pentadbir Tanah Johor Bahru & Anor and other cases [2020] 3 CLJ 112
• Tan Wei Mia & Ors v Jabatan Tanah dan Galian Selangor & Ors [2018] 1 LNS 965

Review & Testimonial

• “Qualified and competent group of lawyers. My case was handled by Denise Phang with high level of professionalism and attention to detail. Highly recommended!!” – Mr Wassi, Kuala Lumpur
• “I would like to thank Denise Phang for her valuable advice and Sree Raj for her initial help. I have been under pressure after finding out that my tenants quietly left my property without 60 days moving out notice and with 12 months arrears. With the Covid 19 pandemic and while working overseas, it was hard for me to return with all the travel restrictions to get things sorted. Thanks to Denise as she was able to provide the prompt and practical legal advice needed so that I could make proper decisions and take the next step of action. I strongly recommend Denise Phang from MahWengKwai & Associates for help if you encounter any tenancy issues.” – Kelvin S, New Zealand
• “The peace of mind that Ms. Christine Toh, Ms. Denise Phang, and Mr. Wong Chee En provide for construction related matters is not merely without basis but reflected positively in the outcome evident from the cases handled by this amazing team which further gives me the confidence to entrust them in dealing with other complex matters in litigation, CIPAA, and advisory roles. Their quick, detailed, and confident responses are often, if not always brings a sense of clarity and direction moving forward.” – Nicholas Jones, Binasat Sdn Bhd, Kuala Lumpur
• “Denise Phang is a hardworking, bright, briliant and articulate lawyer. She was patiently working on all the materials and facts that I have brought to her for this case. Her legal team are always good in helping clients seek fairness and justice. Her submissions were good and her performance and lawyer instinct in open court was briliant. Thank you Denise and all lawyers involved in the case.” – Chong Tuan Ng, United Kingdom
• “Having MahWengKwai & Associates for any public law litigation is a must. Especially in a David and Goliath fight when the State armed itself with the full might of the government apparatuses. Raymond Mah, Denise and Vivien together with their assistants went into the lion’s den, armored only with Rule of Law, powerful pleadings and determination were able to wrestle numerous victories at the appellate courts. Bravo and thank you.” – Estate of Tan Bok Yin, Hulu Kelang, Kuala Lumpur
• “In my ongoing acrimonious and convoluted land acquisition exercise with a highway concessionaire, MWKA provided expert, comprehensive, professional, holistic and proactive legal advice. Along the way, I was updated in a timely manner and Ms Denise Phang & team is patient, thorough and efficient in responding to my queries. I am very satisfied and happy with MWKA services, reasonable fee structure and would highly recommend MWKA to all my friends.”    – Pristine Power Sdn Bhd, Kuala Lumpur
• “We highly recommend MahWengKwai & Associates for CIPAA proceedings. They represented us in CIPAA proceedings for the collection of late payments in our constructions projects. The adjudication decisions were in our favour and we received an unexpected settlement, more than what we had hoped for. We would like to express our sincere thanks to the team, Ms Christine Toh who is knowledgeable and exceptional, Ms Denise Phang and the rest who handled our cases professionally. We appreciate their attention to detail, quick response time, quality and good analytic skills.” – Dorothee Wong, Versalink Sdn Bhd, Selangor