Nathalie Ker Si Min

Senior Associate

Nathalie is a commercial litigator and her work focuses on commercial and corporate disputes, restructuring and insolvency, and fraud and asset recovery.

She has acted in a variety of company and shareholder disputes. She has acted in contentious winding up proceedings and advised on restructuring exercises, including capital reduction and distribution of dividends in specie, and schemes of arrangement.

Nathalie also acts for and advises receivers and managers in receivership matters and in relation to judicial management proceedings.

Her fraud and asset recovery experience includes obtaining urgent search orders and freezing orders to secure evidence and assets, discovery orders against banks and other third parties, and other interim orders in aid of effective litigation. She is a founding committee member of the Thought Leaders 4 NextGen FIRE (Fraud, Insolvency, Recovery, Enforcement) Community.

Nathalie graduated with First Class Honours from the University of Leeds and is a Barrister-at-Law (Gray’s Inn). She did her pupillage and practiced in the dispute resolution team of one of the largest and leading law firms in Malaysia. She joined Lim Chee Wee Partnership when the firm was established.

Key Practice Areas
  • Corporate Litigation and Shareholder Disputes
  • Commercial Litigation and Arbitration
  • Fraud and Asset Recovery
  • Restructuring and Insolvency
Corporate Litigation and Shareholder Disputes
  • Acted as co-counsel for a foreign bank in bringing the first-ever oppression action brought by a debenture holder: see The Bank of Nova Scotia Bhd & Anor v Lion DRI Sdn Bhd & Ors [2020] MLJU 1987.
  • Acted as lead counsel in successfully resisting an injunction to restrain a company from holding an extraordinary general meeting in a shareholder dispute with assets at stake of more than RM300 million.
  • Advised and acted for shareholders in Malaysian and Singaporean companies in a successful private mediation for settlement of legal actions in Malaysia and Singapore, where the assets involved spanned multiple jurisdictions with a total value of more than RM350 million.
  • Advised and acted for a group of shareholders in a successful private mediation in Singapore under the rules of the Singapore International Mediation Centre, where the assets were valued at SGD68 million.
  • Advised and acted for shareholders in a group of companies in a capital reduction process involving distribution in specie of assets valued at RM123 million.
Commercial Litigation and Arbitration
  • Acted as co-counsel in relation to an application under section 42 of the Arbitration Act 2005 to successfully set aside an arbitration award of approximately RM10 million.
  • Acting as co-counsel for the claimant in arbitration proceedings for losses against the Government of Malaysia of approximately RM140 million in relation to a information and communications technology contract.
  • Acted as junior counsel in a successful appeal in the Court of Appeal, against the respondent purchasers of commercial properties. The matter involved issues of limitation, misrepresentation and exemption clauses: see Bounty Dynamics Sdn Bhd (Formerly Known As Media Development Sdn Bhd) v Chow Tat Ming & 175 Ors [2016] 1 MLJ 507).
Fraud and Asset Recovery
  • Acting as co-counsel for a subsidiary of Deleum Berhad, a public listed company, in its fraud litigation involving the employees of the subsidiary, suppliers and employees of a customer. Successfully obtained delivery up and freezing orders against the defendants.
  • Acted as co-counsel for a subsidiary of a foreign public-listed company in a fraud dispute for the recovery of monies of more than RM170 million.
  • Acted as counsel and co-counsel to obtain a wide range of interlocutory applications including freezing orders, search orders, and discovery orders.
  • Advised parties in various fraud disputes as to investigation and litigation strategy.
Restructuring and Insolvency
  • Acted as counsel for Prestariang SKIN Sdn Bhd, the subsidiary of the public-listed Prestariang Group Bhd, in its scheme of arrangement. Successfully obtained sanction of the scheme from the High Court.
  • Acted as counsel for two subsidiaries of the Singapore-listed Hatten Land Ltd in its schemes of arrangement and secured restraining orders. One of the schemes has already been sanctioned by the High Court.
  • Acting for the judicial manager of three subsidiaries of a public-listed oil and gas company.
  • Acting for Boustead Naval Shipyard Sdn Bhd, a subsidiary within the Boustead Group, in its scheme of arrangement.
  • Acting for three Malaysian entities in the group of companies of a Singapore-listed holding company in a scheme of arrangement moving in tandem with a Singapore scheme of arrangement for the Singapore entities of the group. Successfully obtained restraining orders from the High Court.
  • Acted as co-counsel for a scheme creditor to successfully set aside the grant of a restraining order obtained by a public-listed oil and gas company and its subsidiary. The decision clarified for the first time the pre-conditions that must be met under the Companies Act 2016 for a restraining order: see Barakah Offshore Petroleum Berhad & Anor v Mersing Construction & Engineering Sdn Bhd & Ors [2019] 3 AMR 673.
  • Acted as co-counsel for the liquidator in the first reported case of liquidation of an interest scheme under the Interest Schemes Act 2016.
  • Advised and acted for the receivers and managers in the receivership of two telecommunications companies servicing the whole of Negeri Sembilan.
  • Advised various parties on insolvency and restructuring mechanisms and solutions, including schemes of arrangement and judicial management procedures.
Regulatory Enforcement
  • Acted as junior counsel for the Securities Commission in a series of judicial review applications filed by an audit firm and its partner. Successfully opposed leave for judicial review in relation to inquiry proceedings of the Securities Commission: see Lee Kok Wai v Securities Commission Malaysia [2015] 4 CLJ 260.
  • Acted as junior counsel in a successful appeal in the Court of Appeal to strike out a claim filed by an audit firm and its partners seeking relief under the Whistleblower Protection Act 2010.
  • Acted for Bursa Malaysia and the Securities Commission in various enforcement proceedings.
Qualifications and Professional Affiliations
Qualifications
  • Advocate & Solicitor, High Court of Malaya (2014)
  • Barrister-at-Law (Gray’s Inn) (2013)
  • LL.B (First Class Honours), University of Leeds (2012)

Professional Affiliations
  • Founding committee member of the Thought Leaders 4 NextGen FIRE (Fraud, Insolvency, Recovery, Enforcement) Community
Publications and Talks
Authored the following articles:
  • The Malaysia Chapter of the Encyclopedia of International Commercial Litigation, Wolters Kluwer, 2020.
  • “Corporate Insolvency, Corporate Rehabilitation and Receivership” (changes to the corporate insolvency and rehabilitation procedures under the Companies Bill 2015), published in the Pacific Rim Advisory Council (PRAC) Newsletter November 2016.
  • “The Game of Loans: The Corporate Insolvency Changes Under the Companies Act 2016” – The Malaysian Accountant (March-April 2017).
  • Getting the Deal Through - Restructuring & Insolvency 2017, Malaysia Chapter.
  • Getting the Deal Through - Restructuring & Insolvency 2018, Malaysia Chapter.
  • Getting the Deal Through - Restructuring & Insolvency 2019, Malaysia Chapter.

Presented the following talks:
  • Talk on “Rescue Options for Businesses in a Time of Corona” at the Fire Starters: Hot Topics in the New World Order event, 2020.
  • Talk to PricewaterhouseCoopers on “Recent cases on corporate insolvency and restructuring”, 2020.
  • Talk to the Kuala Lumpur Bar, “Distressed Companies: Receivership, Schemes of Arrangement and Corporate Rescue”, 2019.
  • Talk to the Kuala Lumpur Bar, “How to Slay a Dragon – Shareholder Remedies Under the Companies Act 2016: Winding Up, Oppression and Derivative Action”, 2017.
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