Charmaine Choong Suet Yin
Charmaine is a commercial litigator. She has been active in restructuring and insolvency work, commercial litigation and banking and financial disputes.
In the field of banking and financial disputes, she has acted for various financial institutions, mainly involving land disputes and contractual disputes.
In the field of commercial litigation, she has acted for an international oil and gas company and successfully obtained a Mareva injunction prior to successfully recovering the sum of RM2.9 million.
She obtained her LLB (with Hons) from the University of Leeds and is a Barrister-at-Law (Middle Temple).
Key Practice Areas
- Restructuring and Insolvency
- Commercial Litigation
- Banking and Financial Disputes
Restructuring and Insolvency
- Acted as junior counsel for the court-appointed monitoring accountant and the court-appointed approved liquidator under section 367 of the Companies Act 2016 in schemes of arrangement of a listed company and its four subsidiaries. The total debts of the scheme companies were in excess of RM2 billion.
- Acted as junior counsel for an international oil and gas company to recover losses in the sum of RM2.9 million. Successfully assisted in obtaining a Mareva Injunction against the opposing party to prevent dissipation of assets.
- Acted as junior counsel for an international oil and gas company to defend against a counterclaim with a quantum of over RM3 billion.
- Acting as junior counsel in defending a steel manufacturer and trading company against a breach of contract claim of approximately RM14 million.
Banking and Financial Disputes
- Acted as junior counsel for a financial institution in a suit brought by a renowned livestock farming and beef production company for breach of banking secrecy, based on purported wrongful disclosure of banking information.
- Acted as junior counsel for a financial institution in a breach of contract and negligence suit with a quantum of damages in the sum of RM289 million for purported losses arising from, among others, wrongful termination of banking facilities.
- Acted as junior counsel for a financial institution in defending a claim premised upon a purported breach of constructive trust involving a land valued in the region of over RM100 million.
- Acted as junior counsel for various financial institutions involving claims brought by purchasers in relation to private leasing schemes concerning several housing projects in Johor, whereby it was alleged that the private leasing schemes were in contravention of the Housing Development Act (Control and Licensing) 1966, the Housing Development (Control and Licensing)Regulations 1989, the National Land Code 1965, the Strata Titles Act 1985 and the Strata Management Act 2013
- Acted as junior counsel for a financial institution to obtain a Quia Timet injunction to prevent the lodging of private caveats by local and foreign individuals and entities over a piece of land valued in the sum of over RM82 million, which was charged to the financial institution as security for banking facilities granted.
- Acted as junior counsel for various financial institutions in several recovery actions filed by the financial institutions against debtors, including foreclosure and winding up proceedings.
Fraud and Asset Recovery
- Acting as junior counsel for one of Malaysia’s Development Financial Institutions (DFI) in a fraudulent claim against various individuals and entities for the sum of over RM560 million.
Qualifications and Professional Affiliations
- Advocate & Solicitor, High Court of Malaya (2021).
- Barrister-at-Law (Middle Temple) (2019).
- LLB (with Hons), University of Leeds (2018).
- Speaker and Moderator, Maybank Privilege Financial Planning Series – Rights of a Purchaser in respect of Abandoned Housing Projects.