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Nicole Lee Sin Yee

Associate

YEAR OF CALL: 2021

Nicole is developing a practice covering all areas of the firm’s work, including Arbitration, Construction, Engineering & Infrastructure Disputes as well as Commercial and Corporate Litigation.

Nicole read law at the University of London before completing her LLM Legal Practice (Barristers) and Bar Professional Training Course at BPP University, Birmingham. She was called to the Malaysian Bar in 2021.

Nicole is presently involved in several commercial and corporate disputes, where she is led by Tan Sri Dato’ Cecil Abraham, Aniz Ahmad Amirudin and Noor Muzalifah binti Shabudin.

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EXPERTISE

  • Arbitration
  • Construction, Engineering and Infrastructure Disputes
  • Corporate and Commercial Litigation
NOTABLE CASES
  • ISM Sdn Bhd v Queensway Nominees (Asing) Sdn Bhd & Others – This matter concerns a series of complex corporate transactions involving the holding of shares in multiple companies wherein allegations of oppression, breach of a shareholders’ agreement and the law relating to just and equitable treatment of a shareholder are being ventilated. The Federal Court granted leave to appeal, in which the firm acted successfully for ISM Sdn Bhd. This matter is now on appeal before the Federal Court (led by Tan Sri Dato’ Cecil Abraham and Dato’ Sunil Abraham).
  • TechnyGroup Holdings (M) Sdn Bhd v Smart Glove Industries (M) Sdn Bhd – This is a construction dispute where Smart Glove Industries (M) Sdn Bhd filed an application to set aside an Adjudication Decision totaling RM27 million on grounds of illegality as well as seek to stay the enforcement of the Adjudication Decision. The firm acted successfully for TechnyGroup Holdings (M) Sdn Bhd as the High Court dismissed both applications. The matter is on appeal before the Court of Appeal (led by Aniz Ahmad Amirudin).
  • SP Setia Berhad & Ors v Wong Tuck Wai & Ors – This is a much publicised commercial litigation disputes wherein allegations of breach of fiduciary duty, deceit and knowing assistances have been made by SP Setia Berhad against former directors and members of senior management of the company in relation to several property transactions in the State of Sabah. The firm acts for the former Chief Executive Officer and Chief Operating Officer of SP Setia Berhad in this dispute (led by Tan Sri Dato’ Cecil Abraham and Dato’ Sunil Abraham).
  • Teh Chee Hoe v South Malaysia Industries Berhad – This is a corporate dispute whereby the member of the company is seeking for its proposed resolution on the appointment of directors to be properly tabled and considered at the company’s annual general meeting pursuant to the company’s constitution. The firm successfully acted for Teh Chee Hoe, in that the High Court granted an ad interim injunction for the annual general meeting to stand adjourned pending the disposal of the disputes between the parties. This matter is pending before the High Court (led by Tan Sri Dato’ Cecil Abraham and Dato’ Sunil Abraham).
  • PERKESO v Yinson Transport Sdn Bhd – This is a dispute where the firm acts for Yinson Transport Sdn Bhd pertaining to alleged breaches of Section 94(a) of the Employees’ Social Security Act 1969, wherein PERKESO contends that the lorry drivers engaged by Yinson Transport Sdn Bhd ought to be treated as employees of the company as opposed to independent contractors. This dispute has significant implications for the logistics and transport industry in Malaysia. This matter is on appeal before the High Court (led by Noor Muzalifah binti Shabudin).
EDUCATION & QUALIFICATIONS
  • LL.B. (Hons), University of London
  • LL.M Legal Practice (Barristers), BBP University Birmingham
  • Barrister at Law of the Honourable Society of Lincoln’s Inn
  • Advocate & Solicitor of the High Court of Malaya
  • Member of the Malaysian Institute of Arbitrators (MIArb)
  • ADR ODR International accredited Civil/ Commercial Mediator