Janice is a Partner in CLO’s Restructuring & Insolvency Practice Group.
Janice’s practice specialises in restructuring and insolvency. She has, as of 2024, more than a decade of experience in dispute resolution having worked in two of Malaysia’s largest law firms.
She has advised and acted in various disputes involving corporate rescue, compulsory and voluntary liquidations, receiverships, schemes of arrangement as well as applications for judicial management.
Janice has substantial experience, interest and expertise in corporate litigation. She has advised and has acted in various shareholder disputes involving just and equitable winding ups, derivative actions as well as claims for minority oppression. She has also advised on directors’ duties.
EXPERIENCE
Restructuring & Insolvency
- Advised and represented a wholly-owned subsidiary of a leading player in China’s aircraft leasing industry (with a local and overseas asset portfolio worth more than CNY 300 billion) in a scheme of arrangement involving AirAsia X Berhad, one of the main airlines in Malaysia.
- Advised Malaysia Airports Holdings Berhad on its rights vis-à-vis a scheme of arrangement involving MYAirline Sdn Bhd (“MYAirline”). Ultimately, MYAirline did not proceed with the proposed scheme of arrangement.
- Advised the receivers and managers of a company on the validity of demands made against the company pursuant to a receivables purchase deed.
- Acting for and advising the receivers and managers of a company which owns a high-end luxury hotel in Langkawi. Successfully opposed an interim injunction filed by, among others, the said company and its public-listed holding company to prohibit the receivers and managers from exercising their powers and duties in disposing the charged assets comprising among others, the high-end luxury hotel.
- Assisted as junior counsel in successfully obtaining a judicial management order for the subsidiaries of Jerasia Capital Berhad.
- Acting for and advising the interim liquidators of 13 companies in ongoing winding up petitions’ proceedings involving allegations of siphoning of assets and mismanagement. The companies are part of an artificial intelligence technology market leader in the Asian region, providing artificial intelligence and data analytic services. Advised and continue to advise the interim liquidators in navigating various challenges faced in their day-to-day management of the 13 companies, as well as in carrying out their duties as interim liquidators. Advised them on the filing of applications under sections 502 and/or 503 of the Companies Act 2016 for private and public examination of persons connected with the companies.
- Acting for and advising the receivers and managers of a property developer in an application for scheme of arrangement under section 366 of the Companies Act 2016. The scheme involved a revival of an abandoned property development by a white knight. The scheme is currently at the sanction stage and where hearing has been fixed for 10 May 2024.
- Acted as lead counsel in opposing a retrospective application for leave to continue with legal proceedings under section 451 of the Companies Act 2016 against a wound-up company.
- Advised and acted as junior counsel for the liquidator of Gula Perak Berhad (“Gula Perak”) in successfully opposing an application for the removal of the liquidator filed by a contributory of Gula Perak. The application for removal of the liquidator was mainly premised on the ground that the liquidator had purportedly outsourced her powers and responsibilities to a non-officer of the Court without the knowledge, consent or sanction of the Court.
- Assisted in a High Court matter representing a creditor in opposing a judicial management application made by a public listed company which is a global service provider in the oil & gas and transport solutions industries in Malaysia. This case confirmed that public listed companies cannot apply for judicial management under the Companies Act 2016.
- Assisted in a High Court matter representing the contributories and creditors of a RM1 billion glove manufacturing company in setting aside a winding up order of the company. This was part of a shareholders’ dispute. The winding up order was successfully set aside.
- Advised and acted for Sarawak Energy Berhad in a matter involving a just and equitable winding up of one of its joint venture companies. The said joint venture company was successfully wound up.
Corporate & Commercial Litigation
- Acting as lead counsel in a High Court matter representing the directors and shareholders of a company in opposing a claim commenced by a liquidator pursuant to section 228 of the Companies Act 2016 to set aside allegedly undervalued transactions between the company and the parties. The transactions in question are worth approximately RM5.5 million.
- Acted as junior counsel in defending a claim of RM16 million filed by a service provider against an oil and gas company for breach of contract and/or duty of care. Parties eventually entered into a settlement after approximately 10 days of trial. Advised and acted as junior counsel for the liquidator of Gula Perak Berhad (“Gula Perak”) in successfully
- Acting as lead counsel in a Sessions Court claim filed by a landlord against a tenant for outstanding rental. Trial is to continue in July 2024.
- Assisted in a High Court matter representing a purchaser in a claim for a refund of deposits in the sum of RM25 million against the vendors for breach of an investment agreement.
- Assisted in a High Court matter representing the contributories and creditors of a RM1 billion glove manufacturing company in setting aside various injunction orders granted in assistance of a SIAC arbitration pursuant to section 11 of the Arbitration Act 2005. The injunction orders were successfully set aside.
- Assisted in a matter involving Pelangi Prestasi Sdn Bhd in a RM1.2 billion court action against, among others, Sabah Forest Industries (under receivership) involving Timber Licenses to be issued by the State Government of Sabah in respect of 288,138 hectares of forest reserve in Sipitang Sabah. This case involved court actions before the Kuala Lumpur and Kota Kinabalu courts and included civil actions, restraining order applications and judicial review proceedings before the courts.
- Assisted in a matter involving an application for a worldwide Mareva Injunction Order against a company to preserve the sum of US$76,526,696.40 in support of arbitration proceedings commenced by the client in Singapore. Successfully acted for the client to secure the worldwide Mareva Injunction Order.
- Assisted in a High Court matter representing a company in defending a claim for breach of a procurement contract worth RM3 million.
- Assisted in a High Court matter representing an Indonesian state-owned oil and natural gas corporation in opposing a suit relating to a contract for the leasing, operation and maintenance of two offshore oil and gas production units and other related facilities at the Offshore Sarawak Block SK305 project site. The suit against the client was ultimately dismissed on the basis that the Writ had expired.
- Assisted in a matter involving a common law recognition and enforcement of an Indonesian judgment involving a sum of approximately RM 136 million. The matter was highly contested, and it went all the way to the Federal Court where the applicant’s application for leave to appeal was ultimately dismissed.
- Assisted and acted as junior counsel and solicitor in defending a claim against directors and shareholders of a company for minority oppression and breach of directors’ duties.
- Acting as lead counsel in a claim commenced by a receiver and manager of a vendor company against a purchaser for the refund of retention sum and payment of late payment interests pursuant to a sale and purchase agreement.
