Lee Shao Wei

On the court record

The reported matters document commercial-fraud, construction and bank-guarantee work, argued in the High Court and the Court of Appeal, grounded in the judgments.

Lee Shao Wei's reported matters are commercial and construction disputes, argued in the High Court and the Court of Appeal, several of them substantial and hard-fought. A significant appellate decision concerns a claim advanced on multiple causes of action, including fraud, conspiracy to defraud, fraudulent misrepresentation, constructive trust and breach of a professional duty of care and implied retainer. Appearing for the appellant, the Court of Appeal made an order for costs of RM200,000 against each set of respondents, reflecting the scale and complexity of the litigation.

Construction and development litigation forms a second strand. In a full trial in the High Court arising after a Development Rights Agreement (Perjanjian Hak Pembangunan) failed to be finalised for a proposed land-development project, he appeared for the plaintiff; on the balance of probabilities the Court dismissed the claim, recording the disposition in Malay as tuntutan plaintif terhadap defendan ditolak dengan kos RM30,000 (the plaintiff's claim against the defendant is dismissed with costs of RM30,000).

The profile also reaches banking and security instruments. In related originating summonses concerning demands made on bank guarantees, the disputed question was whether the calls on the guarantees were unjustified or unconscionable and whether the underlying disputes should restrain payment; he appeared for the plaintiffs, which included foreign engineering corporations, in matters that engage the well-known limits on injuncting a call on an on-demand instrument, where a court will restrain payment only on proof of fraud or unconscionability rather than a mere underlying dispute. The four decisions share a commercial-litigation character, moving between the trial of contested factual allegations of dishonesty, the construction of a failed development agreement, and the summary-style resolution of a security instrument. Taken together the reported work covers commercial-fraud and professional-duty litigation, construction and development-agreement disputes, and bank-guarantee applications, argued at first instance in the High Court and on appeal before the Court of Appeal of Malaysia.