LEE SUAN CUI
Suan Cui is a corporate and commercial litigator. She has been active in fraud and asset recovery matters, corporate disputes, restructuring and insolvency work and international arbitration.
On fraud and asset recovery matters, she has worked on obtaining Mareva injunctions in recovery of misappropriated funds at the High Court and on appeal.
On restructuring and insolvency matters, she has worked on a judicial management application, winding up petitions and fraudulent trading.
She graduated from University of Malaya.
Key Practice Areas
- Fraud and Asset Recovery
- Commercial Litigation
- Restructuring and Insolvency
Fraud and Asset Recovery
- 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.
- Acting as junior counsel for a wholly-owned subsidiary of a public listed company in securing a Mareva injunction against its former employees who misappropriated funds in the company.
- Assisted 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 fraud claim of approximately RM10 million by its related company.
- Advising a local leading company in the leisure and hospitality business on the implications of COVID-19 insurance policies.
- Acting as junior counsel for a Swiss company in relation to a tort of conspiracy claim.
- 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
- 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.
- Assisted counsel in a just and equitable winding-up petition by an equal shareholder on the ground of deadlock at the management level of the company.
- Assisting counsel in pursuing a claim for fraudulent trading of several hundreds of million against directors.
- Assisting 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.
- 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
- Advocate & Solicitor, High Court of Malaya (2020)
- LL.B. (Hons), University of Malaya (2018)
Publications and Talks
Presented the following talks:
- Co-speaker, “Year 2021 in Review - Company Law Cases and Trends”, organised by The Kuala Lumpur Bar, 2021.