Kelvin Seah Khye Jie
Kelvin is a commercial litigator and his work focuses on commercial and corporate disputes, estate disputes, fraud and asset recovery, and regulatory enforcement.
He has advised and acted for directors of a public company in resolving boardroom tussles where the majority shareholders were pressing for immediate removal. He has also advised and acted in proceedings involving recovery of vacant possession, fraudulent trading, breach of fiduciary duties by company directors, and recovery of company funds and assets misappropriated by wrongdoers.
He has advised and acted for a beneficiary in probate disputes over multiple jurisdictions, including recovering of assets belonging to the estate. He regularly works with various leading law firms based in Hong Kong, China, the British Virgin Islands and Malaysia.
His fraud and asset recovery experience includes obtaining urgent injunctions, executing an Anton Piller search order and a Mareva freezing injunction, and liaising with enforcement agencies such as the Malaysian Anti-Corruption Commission and the Inland Revenue Board.
Kelvin graduated from Cardiff University and was awarded the Legal Profession Qualifying Board’s Award for Civil Procedure in the year 2017. He did his pupillage and practiced in the dispute resolution team of one of the largest and leading law firms in Malaysia. He joined Lim Chee Wee Partnership when the firm was established. He was promoted to senior associate on 1 July 2022.
Key Practice Areas
- Commercial Litigation
- Corporate Litigation and Shareholder Disputes
- Private Wealth Disputes including Estate disputes
- Fraud and Asset Recovery
- Regulatory Enforcement
- Environmental Law
- Advised and acted as junior counsel for a Hong Kong based company in obtaining judgment worth HKD40 million against the directors of its debtors for fraudulent trading.
- Advised and acted as junior counsel for a law firm partner in resolving a partnership dispute.
- Advised and acted as junior counsel for a major steel company in a land trespass dispute against a major local electric utility company.
- Advised and acted as junior counsel for a property development company in Klang Valley against 200 squatters for recovery of vacant possession of land.
- Advised and acted for the largest toll expressway operator in Malaysia in defending a contractual claim involving the sale and purchase of a helicopter.
- Advising and acting for an express courier services company in pursuing a contractual claim worth RM9 million against one of the major local courier service providers resulting from an acquisition exercise.
- Advising and acting for a leading global designer, manufacturer and integrator of complex gas flow control products and technologies in pursuing a contractual claim worth RM12 million resulting from an acquisition of shares.
- Advising and acting for a car park management company in Singapore in pursuing claims against users who caused damage to the car park.
- Advising a leading manufacturer of disposable rubber gloves in defending contractual claims worth EUR6 million and USD33 million.
- Advised and acted as junior counsel for directors of a public company in boardroom disputes and resisted attempts to re-constitute the Board through extraordinary general meetings, including filing an urgent Erinford injunction to preserve the status quo of the Board.
- Advised and acted as junior counsel for an aggrieved shareholder in bringing an oppression action.
- Advising and acting as junior counsel for two local IT related companies in defending an action brought by two former directors for wrongful removal.
- Advised and acted as junior counsel for a beneficiary in bringing claims for alleged misappropriation of assets belonging to the estate, including obtaining an urgent injunction to prevent further dealing of the assets.
- Advised and acted as junior counsel for a beneficiary in bringing claim against executors for his entitlement under the will.
- Assisted in the execution of an Anton Piller search Order and a Mareva freezing injunction against various Labuan based companies and directors.
- Advised and acted for a subsidiary of an oil and gas parent company in recovering company funds worth RM19 million which are allegedly misappropriated by its chief executive officer, employees, and suppliers. This includes the execution of a Delivery Up Order and Mareva freezing injunction and liaising with investigating officers from the Malaysian Anti-Corruption Commission.
- Advising and acting for an aquaculture company in recovering company funds and assets allegedly misappropriated by its former directors who are in breach of their fiduciary duties.
- Advised and acted for the securities regulator in securing a judgment against a former director for market manipulation.
- Advised and acted for Bar Council Malaysia in opposing an appeal to challenge the Advocates & Solicitors Disciplinary Board’s Order in imposing maximum monetary fines under Section 94(2)(c) of the Legal Profession Act 1976.
- Advised and acted for Bar Council Malaysia in resisting an appeal to challenge the Advocates & Solicitors Disciplinary Board’s Order in striking out an advocate and solicitor from the Rolls.
- Advised and acted for a food processing company in defending a criminal charge brought under Environmental Quality Act 1974 and Environmental Quality (Industrial Effluents) Regulations 2009. Successfully reduced the maximum penalty by 60%.
- Advocate & Solicitor, High Court of Malaya (2018)
- Certificate of Legal Practice (2017)
- LL.B. (Hons), Cardiff University (2016)