Sebastian Liew

– SENIOR ASSOCIATE–

Sebastian Liew graduated with a Bachelor of Laws from Cardiff University and obtained his Master of Laws from King’s College London in International Financial Law. In 2015, he was called to the Bar of England and Wales, and in 2018 he was admitted as an advocate and solicitor of the High Court of Malaya.

Sebastian began his professional career at Chooi & Company + Cheang & Ariff (“CCA”) under the guidance of a corporate litigation specialist, Dato’ Loh Siew Cheang. Sebastian often worked on complex company cases and was part of a global team handling a multi-jurisdictional family dispute involving the British Virgin Island, Malaysia, Hong Kong and Singapore. Sebastian has acquired extensive experience in his company litigation practice during his tenure at CCA.

Sebastian joined MahWengKwai & Associates (“MWKA”) in 2021 and handles primarily contentious corporate litigation and company law disputes. He has particular experience in advisory work on company general meetings, claims against directors for breach of fiduciary duties, shareholder derivative actions, oppression actions and company insolvency. Sebastian is also developing a general civil litigation practice and has acted in cases concerning a wide range of areas, including housing development disputes, probate and trusts matters, asset recovery claims, and intellectual property disputes.

Career to date

2021    Associate, MahWengKwai & Associates

2018    Associate, Chooi & Company + Cheang & Ariff

2018    Called to the Malaysian Bar

2017    Litigation paralegal, Cheang & Ariff

2016    Pupil-in-Chambers, Cheang & Ariff

2015    Called to the Bar of England and Wales

Educational achievements

2015   Master of Laws in International Financial Law, King’s College London

2014   Bar Professional Training Course (Lincoln’s Inn)

2013   Bachelor of Laws, Cardiff University

Particular litigation experience

Corporate litigation

• Successfully obtained a court-convened EGM order under section 314 of the Companies Act 2016: see Lee Yee Wuen v Kien Yiap Trading & Anor [2020] 3 AMR 877.
• Resisted the 1st defendant’s striking out application on the basis that the plaintiff’s claim was a derivative action and not an oppression action: see Lee Yee Wuen v Lee Kai Wuen & 2 Ors [2020] 1 AMR 724.
• Successfully defended against an oppression action on the grounds of abuse of process: see Nilai Lanjut Sdn Bhd v Yeng Chong Realty Berhand & 5 Ors [2019] 1 LNS 171.
• Resisted an interim preservation order application under section 44 of the Courts Judicature Act 1964 pending the appeal against a stay of the winding-up order.
• Successfully recovered over RM 6 million in a jointly heard debt recovery claim for works performed on an oil palm plantation. The counterclaim containing allegations of breach of fiduciary duties was dismissed.
• Successfully recovered over RM 14 million for unpaid contract works for the felling and extraction of timber logs. The counterclaim contained allegations of breach of directors’ duty to disclose.
• Successfully acted for struck-off companies, in applications pursuant to section 555 of the Companies Act 2016, to be reinstated into the Companies Commissions of Malaysia’s company register.

Housing development litigation

• Successfully struck out a representative claim by 10 Plaintiffs for approximately RM1.3 million and for commercial SOVO units to be declared as housing accommodations: see Catherine Wong Chui Mei & Ors v EUPE Bangsar South Development (JV) Sdn Bhd [2022] MLJU 1092.
• Successfully opposed an application by 73 Proposed Interveners to intervene in an Originating Summons filed against the Minister of Housing & Local Government and the Controller of Housing.
• Successfully stayed proceedings in a representative claim by 73 Plaintiffs for approximately RM6 million, pending the disposal of an Originating Summons filed against the Minister of Housing & Local Government and the Controller of Housing.

Other litigation matters

• Successfully represented the Respondent, Persatuan Hainan, in resisting the Applicant’s, DBKL, leave application to appeal to the Federal Court.
• Resisted a claim for approximately RM 13 million for the failure to privatise a land approximately 101.2 acres. The matter was withdrawn prior to trial.
• Resisted a competing business claim with allegations of breach of fidelity, appropriation of trade secrets and poaching a client. The matter did not proceed to trial.

General meeting advisory

• Advised the majority shareholders of a public listed company in calling a general meeting under section 310(b) of the Companies Act 2016 to reconstitute the board and remove directors.
• Advised a majority shareholder of a public listed company in calling a general meeting under section 310(b) of the Companies Act 2016 to reconstitute the board and remove directors.
• Advised a majority shareholder of a private company in calling a general meeting under section 310(b) of the Companies Act 2016 to appoint additional directors to the board.

Articles/Publications

• Safeguarding Members’ Given Rights to General Meetings: The Raison D’êTre of Section 314 of the Companies Act 2016 [2021] 2 MLJ cdlxv.
• A Directors’ Absolute and Unqualified Right to Inspection: Section 245 of the Companies Act 2016, a Statutory Mandate [2021] 3 MLJ clxix.

Reviews & Testimonials

• “Raymond, Gan Chong Chieh, Hannah, Sebastian and the litigation team from MahWengKwai & Associates have always been ready to respond to our needs quickly, providing clear and practical advice. We have found them easy to work with and we particularly appreciate both their flexibility and dedication to their tasks.” – EUPE Bangsar South Development (JV) Sdn Bhd