Arthur Wang, Lian & Associates

On the court record

Arthur Wang, Lian & Associates is a Malaysian firm whose reported matters before the High Court (Mahkamah Tinggi) and the Court of Appeal (Mahkamah Rayuan) are concentrated in company law and commercial civil procedure. A notable strand is corporate rescue and shareholder remedies. The firm has appeared in an application for the appointment of an interim judicial manager under section 405 of the Companies Act 2016, addressing the elements that must be shown before such an appointment is made, and in minority-oppression litigation under section 346 of the Companies Act 2016, including an application to proceed with an oppression originating summons as if begun by writ where the affairs of the company were said to be conducted oppressively to a member.

Its civil-procedure work is varied and substantial. The firm has argued a Mareva injunction, testing whether there was a good arguable case, whether the plaintiff had assets within the jurisdiction and whether there was a real risk that assets would be dissipated before judgment; and it has appeared in joinder and pleading-amendment applications under Orders 15 and 20 of the Rules of Court 2012, where the court weighed whether an amendment would introduce a new cause of action. The firm has also litigated a matter under the Legal Profession Act 1976, concerning section 103E and whether it was professional misconduct to describe an opposing litigant, himself an advocate and solicitor, as a frivolous and vexatious litigant. In the joinder application the court exercised its discretion under Order 15 of the Rules of Court 2012 to add parties whose presence was necessary to determine the real questions in the cause, while the companion amendment application under Order 20 turned on whether the proposed change would prejudice the opposing party in a way that costs could not cure. The reported profile is that of a corporate and commercial-litigation practice, adept in the interlocutory tools, judicial management, injunctions, joinder and amendment, that determine how a company dispute unfolds before trial.