Nicholas Yap Chun Yew
Senior Associate
Nicholas Yap Chun Yew is a Senior Associate at Daniel & Wong within the Dispute Resolution department. He specialises in civil, corporate and commercial litigation, with a focus on corporate and shareholder disputes, fraud & asset recovery, defamation, and insolvency matters.
Nicholas holds a LL.B. (Hons) from the University of London and obtained his Certificate in Legal Practice in 2019. He underwent his pupillage under the tutelage of Daniel Albert and was admitted as an advocate and solicitor of the High Court of Malaya in 2021.
In asset recovery, he assisted in obtaining Mareva and Proprietary Injunctions, along with Ancillary Disclosure Orders, in a case involving imposters falsely claiming ties to one of the world’s largest glove manufacturers during the COVID-19 pandemic (see: Supermax Global Co Ltd & Anor v R Gopinatan Pillai a/l Raghavan Pillai & Ors [2022] MLJU 3468).
In corporate disputes, Nicholas assisted the board of directors of a well-known investment holding company in successfully invalidating notices for an extraordinary general meeting aimed at forcing a backdoor winding-up as well as securing consequential injunctive relief.
As regards defamation, Nicholas also assisted in defending a prominent Malaysian political leader in a defamation proceeding commenced by another high-profile political leader, pertaining to statements made concerning a complex waiver and debt restructuring scheme by a statutory federal land authority in the amount of RM8.3 billion.
Notable Experiences: –
- Acted for a company’s board of directors in successfully obtaining declarations to invalidate shareholders’ notices for an extraordinary general meeting aimed at effectively forcing a backdoor winding-up as well as consequential injunctive reliefs.
- Acted for a company’s board of directors in successfully obtaining a Pre-Action Discovery Order for disclosure of specified documents relating to an alleged friendly loan at 60% per annum taken during the tenure of the company’s previous board of directors.
- Acted for a company in successfully obtaining a declaration to invalidate a statutory notice issued under Section 465, Companies Act 2016 as well as consequential injunctive reliefs.
- Acting for foreign entities to recover monies fraudulently paid to imposters falsely claiming ties to a major glove manufacturer during the COVID-19 pandemic.
- Assisted in obtaining Mareva and Proprietary Injunctions, along with Ancillary Disclosure Orders against the said imposters (see: Supermax Global Co Ltd & Anor v R Gopinatan Pillai a/l Raghavan Pillai & Ors [2022] MLJU 3468). Also subsequently obtained a ‘debarring order’ against the specified imposters to further defend the proceedings given their failure to comply with, amongst others, their disclosure obligations under a Court Order.
- Acting for one of the world’s largest bauxite deposits based in the Republic of Guinea and an entity based in Belgium for the recovery of monies fraudulently paid pursuant to a “push payment fraud” by imposters falsely purporting as the clients’ supplier.
- Acted for a prominent Malaysian political leader in a defamation proceeding commenced by another high-profile political leader, pertaining to statements made concerning a complex waiver and debt restructuring scheme by a statutory federal land authority in the amount of RM8.3 billion.
- Acting for a member of parliament against an elected Member of a State Legislative Assembly from an opposing political party concerning statements made pertaining to, amongst others, issues of religion.
- Acting for the liquidator of a solvent company in liquidation (“CIL”), with assets exceeding RM 500 million, where its liquidation was hampered by substantial cross-shareholdings with two other associated companies in liquidation. Successfully assisted the CIL’s liquidator in structuring and implementing a distribution-in-specie scheme to resolve the cross-shareholding issues, which was accepted by the High Court and subsequently affirmed by the Court of Appeal (see: Zheng Yi Trading v Sing Lian Sdn Bhd & Ors [2022] MLJU 377). Also successfully resisted an application by a former liquidator for his remuneration, arising from the illegal sub-delegation of his liquidation duty in an associated company in liquidation.
- Acted for a co-trustee of an estate with assets worth in excess of RM 70 million across Malaysia, Singapore, United Kingdom and Australia in successfully removing a co-executor and co-trustee due to a conflict of interest in initiating a personal claim against the estate (see: Ong Soo Kan (beneficiary of the estate of Loh Ah Moy@ Loh Siew Keng, deceased) & Ors v Ong Soo Kwee (as executor and trustee of the estate of Loh Ah Moy @ Loh Siew Keng, deceased) & Anor [2023] 10 MLJ 843).
- Acting for a co-executor and co-trustee in estate proceedings involving allegations of secret trust and gift based on a forged document pertaining to valuable jewelleries, forming party of an estate located locally and abroad (see: Ong Soo Kwee v Ong Soo Keok (As Executor and Trustee of the Estate of Loh Ah Moy @ Loh Siew Keng, deceased and represented by Ong Ghee Soon as Executor and Trustee of the Estate of Ong Soo Keok, deceased) & Ors [2025] MLJU 344).
