Lee Suan Cui

Senior Associate

suancui@lcwpartnership.com

Suan Cui is a corporate and commercial litigator. She has been active in fraud and asset recovery matters, corporate and shareholder disputes, restructuring and insolvency work and international arbitration.

On fraud and asset recovery matters, she has worked on obtaining various Mareva injunctions in recovery of misappropriated funds at the High Court and on appeal.

On restructuring and insolvency matters, she has worked on applying for and opposing judicial management applications, winding up petitions and fraudulent trading.

On corporate litigation and shareholder disputes, she has worked on matters ranging from company law, land law, maritime law, insurance law, conspiracy and breach of confidential information.  

She graduated from University of Malaya.

Key Practice Areas
Fraud and Asset Recovery
  • Acting as junior counsel in two fraud claims of USD1.18 billion and RM42 million respectively brought by a wholly owned company of Ministry of Finance Incorporated against the former Prime Minister of Malaysia.
  • Acted as junior counsel in a fraud claim by a local development financial institution against its former senior management and 29 other defendants. Successfully resisted striking out applications and Order 33 applications taken out by the defendants. See Bank Pembangunan Malaysia Bhd v Sidqi Ahmad Said bin Ahmad & Ors [2024] MLJU 2426.
  • Acted as junior counsel in a fraud claim by the local leading glove manufacturer and successfully secured judgment after trial against its former employees and suppliers. This judgment is pending assessment of damages. See Rich Contracts Sdn Bhd & Ors v Ong Boon Tiong & Ors [2024] MLJU 485.
  • Acting as junior counsel in a fraudulent trading claim against directors of a local developer for the sum of approximately RM813 million. Successfully resisted the striking out application filed by the directors of the developer and secured settlement in favour of the client midway of trial.
  • Acted as junior counsel for a global payment gateways solutions provider, a wholly-owned subsidiary of a public listed company, in securing a Mareva injunction against its former employees who misappropriated funds in the company.
  • Acted as junior counsel in securing a Mareva freezing injunction on appeal for an Advocate & Solicitor of the High Court of Malaya against his former employees who misappropriated clients’ funds.
  • Assisted counsel in defending a public listed company against a fraud claim of approximately RM10 million by its related company.
Corporate Litigation and Shareholder Litigation
  • Acted as junior counsel in the landmark Federal Court case which sets out the requirements for an application for leave to commence statutory derivative action. See Dato’ Seri Timor Shah Rafiq v Nautilus Tug & Towage Sdn Bhd and another appeal [2024] 3 MLJ 433.
  • Co-counsel for a Swiss company in defending against claims of breach of confidential information and conspiracy. See Flowbird Malaysia Sdn Bhd v Alain Taher Osterlind & Ors [2024] 11 MLJ 235.
  • Co-counsel for a local leading shipbuilder and successfully secured judgment in the sum of RM15 million pursuant to time charter party and guarantees. See Kenneth Patrick Wang & Anor v Trans Fame Offshore Sdn Bhd & Ors and Anor [2023] MLJU 2775.
  • Advised a local leading company in the leisure and hospitality business on the implications of COVID-19 insurance policies.
  • Acted as junior counsel in applying for leave to appeal to the Federal Court on the issue of the doctrine of purview in the context of guarantee and settlement agreements.
  • Assisted counsel in securing leave from Federal Court on the issue of contractual lease with the State Government under the National Land Code 1965.
  • Acted as junior counsel in defending a Federal Court leave application on the issue of the test applicable on injunctions in aid of arbitration pursuant to section 11 of the Arbitration Act 2005.
Restructuring and Insolvency
  • Acted as lead counsel in opposing discontinuance of a judicial management application and successfully struck out the discontinuance application and the judicial management application in limine (without a proper hearing on its merits).
  • Represented a creditor of an oil and gas company that underwent a corporate voluntary arrangement (“CVA”). The creditor was then paid under the terms of the CVA.
  • Assisted counsel in a judicial management application for a local developer.
  • Acted as junior counsel in a winding-up petition by an equal shareholder on the ground of deadlock at the management level of the company.
International Arbitration
  • Acted as junior counsel in an application to set aside the largest quantum of dispute under the AIAC Arbitration Rules in relation to the lease of a semi-floating production system and in an application to exercise set-off rights pursuant to an arbitration award pending the ultimate disposal of the application to set aside the arbitration award. See Sabah Shell Petroleum Company Limited v Gumusut-Kakap Semi-Floating Production System (Labuan) [2021] MLJU 2695.
  • Advised a public listed company on issues arising out of the enforcement of an arbitral award obtained in Abu Dhabi, United Arab Emirates.
Qualifications and Professional Affiliations
Qualifications

  • Advocate & Solicitor, High Court of Malaya (2020)
  • LL.B. (Hons), University of Malaya (2018)

Professional Affiliations

  • Member of the Malaysian Bar Publications Committee (2024)
Publications and Talks
Publications

  • Co-author, Interlocutory Applications in Malaysia by Sweet & Maxwell, 2022.
  • Co-author, Update to the chapter of “Companies & Securities” in Bullen & Leake & Jacob’s Malaysian Precedents of Pleadings, Third Edition, 2023.
  • Contributor, Malaysian Bar’s biweekly Highlights from the Appellate Courts, 2024.

Talks

  • Co-speaker, “Company Law Latest Developments: 2021 Review and 2022 Forecast”, organised by CLJ, 2022
  • Co-speaker, “Year 2021 in Review – Company Law Cases and Trends”, organised by The Kuala Lumpur Bar, 2021

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