Ng Kar Man
Senior Associate
Kar Man is a litigator whose practice focuses on banking and financial disputes, commercial litigation and restructuring and insolvency matters.
She has frequently advised and acted for major financial institutions in various banking and financial disputes which range from contentious debt recovery proceedings to defending actions brought against the banks.
She is experienced in representing public listed companies, local statutory bodies, liquidators and receivers and managers in a variety of commercial and contractual disputes.
Her experience in restructuring and insolvency work includes acting for and advising companies and banks in matters relating to winding-up, receivership, schemes of arrangement and judicial management.
Kar Man graduated from the University of Liverpool and is a Barrister-at-Law (Lincoln’s Inn). Prior to joining Lim Chee Wee Partnership, she did her pupillage and practiced as an associate in the dispute resolution team at a leading Malaysian law firm.
Key Practice Areas
Banking and Financial Disputes
- Acted as junior counsel in successfully defending an action to void an Islamic Bai Bithaman Ajil (BBA) financing facility for illegality. The case went on appeal to the Federal Court and shed light on the nature of BBA facilities which ostensibly involve the “purchase” and immediate “repurchase” of a property: see Maple Amalgamated Sdn Bhd & Anor v Bank Pertanian Malaysia Bhd [2021] 6 MLJ 348.
- Acted as junior counsel in a RM30 million debt recovery action premised on a defaulted promissory note. Successfully resisted the defendant’s application for a stay of proceedings pending arbitration, where the Court of Appeal recognised that the request for an extension of time to file a statement of defence constitutes a step taken in the court proceedings: see IFCI Ltd v Archipelago Insurance Ltd [2022] 2 MLJ 971.
- Acted as junior counsel in successfully resisting an application to set aside a Creditor’s Petition filed by the bank. The Court of Appeal found that the debtor was not entitled to rely on the amended provisions of the Insolvency Act 1967 which came into force midway through the bank’s bankruptcy action: see Liew Hon Kong v Bank Pertanian Malaysia Bhd [2022] 1 MLJ 836.
- Acted as junior counsel in a RM148 million debt recovery action which involved a RM222 million counterclaim against the bank premised on allegations of misrepresentation and breach of fiduciary duties: see Malayan Banking Berhad v Kumpulan Liziz Sdn Bhd & Ors; DSE Construction Sdn Bhd & Ors (Third Party) [2022] 1 LNS 70.
- Acted as junior counsel in a RM8 million debt recovery action against individual guarantors for a facility granted to a company that has since been wound up: see United Overseas Bank (Malaysia) Bhd v Tan Chong Whatt & Ors [2022] 1 LNS 1186.
- Assisted in a RM90 million debt recovery action involving a counterclaim by the borrower and guarantors to terminate the borrower’s receivership: see United Overseas Bank (Malaysia) Bhd lwn Mentakab Starmall Sdn Bhd & Yang Lain [2022] 1 LNS 1745.
- Acted as lead counsel for a bank in successfully obtaining a summary judgment for the sum of RM22 million.
- Acted as lead counsel for a bank in successfully opposing an application for stay of execution of judgment.
- Acted as lead counsel for a debenture holder in successfully resisting garnishee proceedings which involved assets subject to a floating charge.
Commercial Litigation
- Acted as junior counsel in successfully defending an action brought by the directors of a company to invalidate the receiver and manager’s sale of the company’s assets: see Idrus Zainol & Anor v Integrated Formation Sdn Bhd & Ors [2022] 1 LNS 1365.
- Acted as junior counsel in successfully defending an action by a construction company for the specific performance of a settlement agreement: see Pertiwi Prestij Sdn Bhd v Damai Bistari Sdn Bhd and Another Case [2018] 1 LNS 2111.
- Acted for a public-listed company in defending an action brought by its former director seeking to enforce a profit-sharing agreement involving a RM43 million joint venture development.
- Acted for a local statutory body in resisting a judicial review application filed by a trade union for alleged misappropriation of funds.
- Acted for and advised a receiver and manager in a matter involving the termination of an asset sale agreement.
- Advised a Japanese security company on the issues arising out of a potential termination of a joint venture agreement.
- Advised a broadcasting union on issues relating to the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
Restructuring and Insolvency
- Acted for trade creditors in opposing a winding-up petition filed against a local shipbuilding company involved in the construction of littoral combat ships for the Royal Malaysian Navy: see MTU Services (Malaysia) Sdn Bhd v Boustead Naval Shipyard Sdn Bhd [2022] 1 LNS 2521.
- Acted for a creditor in supporting an application to remove a company’s liquidator for acting against the interests of the company’s creditors: see Re: Tenaga Gagah Sdn Bhd [2022] 1 LNS 207.
- Acted for the security agent of syndicated financiers in opposing applications for judicial management orders filed by the Scomi Group companies.
- Acted for a Thai oil and gas company in successfully resisting a Fortuna injunction application filed by the company’s debtor who defaulted on invoice payments.
- Advised a public-listed company on its security position as a lienholder in the context of a scheme of arrangement.
- Advised an American commodity trading company on the setting-off of contractual obligations in the event of a Malaysian company becoming insolvent.
- Advised subsidiaries of a public-listed company in challenging the decision of a liquidator that rejected the companies’ proofs of debt.
Qualifications
- Advocate & Solicitor, High Court of Malaya (2018)
- Barrister-at-Law (Lincoln’s Inn) (2016)
- L.B. (Hons), University of Liverpool (2015)
Publications and Talks
Authored the following articles