Sebastian Liew

– ASSOCIATE–

Sebastian Liew graduated with a Bachelor of Laws (LL.B.) from Cardiff University and had subsequently obtained a Master of Laws (LL.M.) in International Financial Law from King’s College London. 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.

Prior to joining MahWengKwai & Associates (‘MWK’), Sebastian began his professional career at Chooi & Company + Cheang & Ariff (‘CCA’) under the guidance of a corporate litigation specialist. 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.

Currently at MWK, Sebastian deals primarily in contentious corporate litigation and company law disputes, with 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 probate and trusts matters, asset recovery claims, employment and property disputes. Sebastian accepts instructions in all principal areas of the MWK’s dispute resolution practice.

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.

Other litigation matters

• Resisted a claim for approximately RM 13 million for the failure to privatize 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.