Ling Siew Hui

On the court record

The reported matters document winding-up, stay-pending-appeal and copyright-damages work, grounded in High Court judgments rather than any ranking.

Ling Siew Hui's reported matters, argued through Messrs Rosli Dahlan Saravana, concentrate in insolvency and company litigation, with a strand of intellectual-property enforcement, all in the High Court. Winding-up work runs through the profile. In one matter she appeared for the applicant on an application under section 486(2) of the Companies Act 2016 for leave to bring, continue and defend proceedings in the name of a company in liquidation, where the questions included the applicant's locus standi as a contributory; the Court allowed the relief on terms that any proceeds recovered be accounted for and paid to the company's estate, and made no order as to costs. In a related winding-up petition under sections 465 and 466 of the same Act, founded on an undisputed outstanding sum and an unrebutted presumption of insolvency, she appeared for the respondent.

The profile also reaches the interaction between winding up and a pending appeal. In an application to stay a winding-up petition pending the respondent's appeal against the judgment that formed the basis of the statutory notice, she appeared for the petitioner, a matter that engaged the court's discretion where the debt underlying a petition is itself under challenge.

Intellectual-property enforcement completes the picture. In an assessment of damages consequent on the sale of infringing products in breach of copyright under section 37 of the Copyright Act 1987, she acted for the plaintiff, the Court drawing on the established authorities on the measure of damages for infringement. A thread across the insolvency matters is the tension between a creditor's statutory route to a winding up and the protections available to a company said to be solvent or to have a genuine cross-claim, whether through resisting the presumption of insolvency, seeking a stay pending appeal, or obtaining leave to litigate in the company's own name after liquidation. Across these decisions the reported work covers contributory and creditor winding-up, stays pending appeal and copyright-damages assessment, argued in the High Court at Kuala Lumpur.