Yew Huoi, How & Associates Lawyer

Ng Yew Huoi (Leonard)

Managing Partner

Area of Expertise

15 years of experience
Commercial Litigation
Company Law
Real Estate and Commercial
Partnership
Criminal
Conveyancing, Corporate Drafting Work

Leonard Ng is the founder of Messrs. Yew Huoi & Associates. Graduated from one of the most prestigious university in Malaysia, he began his legal career in 2008 in Shook Lin & Bok specializing in the area of insurance, shipping and maritime litigation. He later joined as an associate at Joseph Tan Jude Benny’s Malaysian branch handling International Maritime Arbitration matters. Leonard Ng has gained its commercial experience working as in-house legal counsel in various large shipping companies in Singapore and Indonesia before returning home to set up in 2012.

LEGAL/PROFESSIONAL EXPERIENCE

Specializes in international trade, maritime and civil aviation litigation and arbitration.
Currently appears as Counsel for several conveyancing firms on real estate litigation in particular:
- Securing specific performance of sale and purchase agreement;
- Extension of the duration of caveat; and
- Recently won the landmark decision requiring developer (a public listed company) who failed to effect transfer of condominium parcels to purchasers to pay contribution of management funds.
Extensive experience in Shipping/Maritime matters including but not limited to:-
- ship arrest, cargo damage;
- non-payment of freight;
- time limitation;
- negligence, death and personal injury;
- seaworthiness of the vessel,
- disputes relating to bill of lading,
- seaway;
- airway bill, charter party; and
- general average etc.
Extensive experience in dealing with local and international clients including shipowners, managers, agents, charterers, Protection and Indemnity (P&I) Clubs, insurers, freight forwarders, banks, shipyards etc.
Had defended various shipowners on collision claim.
Also practices a wide spectrum of contentious litigation relating to construction, real estate, corporate and commercial litigation:

Commercial Litigation

Dispute relating to Incoterms and the passing of risks of loss or damage of cargo from seller to buyer;
Claim for goods sold & delivered;
Dispute relating to the contract of agency and contract for service; and
Claim for debt due and owing

Company Law

Dispute relating to directors and shareholders;
Breach of fiduciary duty;
Winding-up of company;
Dispute relating to meeting of the Board of Directors or shareholders; and
Company restructuring and amalgamation.

Real Estate and Commercial

Dispute relating to sale and purchase agreement; and
Dispute relating to tenancies and leases of shopping and commercial complexes, residential buildings etc.

Partnership

Dispute between partner;
Assessment of partnership shareholding; and
Unlawful removal of partners.

Criminal

Criminal breach of trust
Robbery and theft

Also practices conveyancing, corporate drafting work including but not limited to:-

Sale and purchase of movable properties and landed properties
Engaged by multinational companies to carry out transfer of multi-million ringgit worth of industrial land in Kedah and Kuala Selangor;
Tenancies and leases of shopping and commercial complexes, high rise office, residential buildings and other real estates;
Distributorship and licensing agreements;
Employment and management contracts;
Contracts for the sale and supply of goods; and
Business joint ventures, land development, drafting and advice on Wills.

REPORTED CASES

Trans Resources Corporation Sdn Bhd v Inai Kiara Sdn Bhd & 2 Ors (Shiniaga Sdn Bhd – Third Party) [2014] 8 MLJ 157, [2014] 4 AMR 631, [2014] 1 LNS 794
De Tropicana Management Corporation v South Malaysia Industries Bhd [2014]1 LNS 36
Hermehinder Singh v Lachman Singh v Dhatt Bros Plantation Sdn Bhd [2009] 1 LNS 1649
Hermehinder Singh v Lachman Singh v Dhatt Bros Plantation Sdn Bhd (No. 2) [2009] 1 LNS 1649

Legal Updates

INDUSTRIAL LAW – NAVIGATING THE LEGALITIES OF RETRENCHMENT

26 March ,2024

The dismissal of X by Company ABC, citing economic downturns, presents a compelling case on the complexities of employment termination and retrenchment legality. X contested his redundancy, claiming his role in property management and services was unaffected by the property development market’s challenges. This case probes into the legitimacy of retrenchment under economic duress and the employer’s duty to act in good faith, as guided by Section 20(3) of the Industrial Relations Act 1967. The burden rests on Company ABC to prove the necessity and genuineness of X’s redundancy, with failure to do so possibly leading to a verdict of unjustified termination. This scenario underscores the critical importance of evidence and intention in retrenchment cases, as reflected in precedents like Akilan a/l Subramanian v. Prima Awam (M) Sdn Bhd.

PROPERTY LAW – LEGAL IMPLICATIONS OF SALE AND PURCHASE AGREEMENT BREACHES AND THE RIGHT TO OFFSET IN MALAYSIAN PROPERTY TRANSACTIONS

28 February ,2024

In the realm of Malaysian property transactions, the intricacies of Sale and Purchase Agreements (SPAs) and the enforcement of Liquidated Ascertained Damages (LAD) play pivotal roles in safeguarding the interests of both developers and purchasers. This article delves into the legal framework governing the rights and obligations of parties involved in property transactions, particularly focusing on the consequences of contractual breaches and the conditions under which a purchaser can exercise the right to offset against LAD. Through the examination of relevant case law and statutory provisions, we illuminate the legal pathways available for resolving disputes arising from the failure to adhere to the terms of SPAs, thereby offering insights into the equitable administration of justice in the context of Malaysian property law.

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KUCHAI LAMA / KUALA LUMPUR
( MALAYSIA ) OFFICE

YEW HUOI, HOW & ASSOCIATES
PEGUAMBELA & PEGUAMCARA
ADVOCATES & SOLICITORS
No. 1, Jalan Riangria 6
Taman Desa Tiara, Off Jalan Klang Lama
58200 Kuala Lumpur.
+603-7971 3191
Fax: +603-7972 9131

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