Chong Kah Yee

On the court record

Chong Kah Yee appears in the reported corpus as a company and commercial litigator, with contract, shareholder oppression, corporate restructuring and employment judicial review among the reported matters. In a High Court dispute she was engaged where a plaintiff claimed for breach of a collaboration cum sale-of-business agreement and the defendant counterclaimed for breach of a shareholders' agreement and a shares subscription agreement, the court having to untangle which side was liable under which contract for debts said to be due under invoices. Her corporate-restructuring work appears in a matter on a scheme of arrangement under section 366 of the Companies Act 2016, where the questions were whether to make an order to convene a scheme meeting, the classification of creditors by reference to their rights rather than their interests, and the requirement of full and frank disclosure of all material facts before a convening order will issue.

Her reported appearances in shareholder and employment disputes round out the picture. She was engaged on both sides of a Court of Appeal minority-oppression matter that asked whether removal from management with shares locked in was oppressive, whether a pending suit for misconduct against the minority barred an oppression action, whether the sale of shares to a new investor terminated a quasi-partnership, and whether a valuation expert should be subject to cross-examination. She also appeared in a judicial review of part of an Industrial Court award, where the complaint was that, although the claimant had been found to have been dismissed without just cause or excuse, the computation of back wages had not taken into account salary paid by a company in Vietnam to which the claimant had been sent to work, raising who the actual employer was where wages were paid partly in ringgit and partly in United States dollars. The reported matters place her in company, restructuring and employment litigation.