Lee Sze Ching, Ashley

Partner

CV
PRACTICE AREAS
  • Anti-Bribery & Corruption 
  • Corporate Governance & Compliance
  • Corporate Litigation & Risk Management
  • Employment, Benefits and Incentives & Industrial Relations
  • Insolvency & Restructuring
  • Insurance & Reinsurance
ADMISSION
  • Advocate and Solicitor of the High Court of Malaya
 
QUALIFICATION
  • LL.B (Hons), University of Adelaide
LANGUAGES
  • Bahasa Malaysia
  • English
  • Mandarin

Profile

Ashley often acts and appears before all levels of Malaysian courts and in arbitration. Ashley is active in the areas of corporate and commercial disputes, land and property disputes, employment and industrial relations actions as well as insurance and reinsurance claims.

Having represented corporations and employers in various sectors, Ashley is highly skilled in employment and industrial relations matters. Her works include review and drafting of employment contract and employment handbook, providing advice on disciplinary actions, advising on termination of employment on different grounds including retrenchment and misconducts, advising on recognition of trade unions and collective agreement, and representing employers and senior employees in courts. Her labour and employment practice has received positive feedback from the clients where it is described in Benchmark Litigation as “timely, attentive and rigorous” and “commercially sound and effective, largely due to their strong understanding of what the clients’ priorities are”. Ashley has also co-authored a chapter in an employment textbook on strikes and picketing.

Since the introduction of section 17A of the Malaysian Anti-Corruption Commission Act 2009 in June 2020, Ashley has advised commercial entities and corporations on corporate liabilities including drafting and reviewing the anti-bribery and anti-corruption policy for the companies. She has co-authored a series of articles and contributed substantially to a book chapter discussing corporate liabilities relating to bribery.

Ashley’s practice covers a variety of corporate, commercial, and contractual disputes. To date, she has acted for and advised major entities in different sectors including banking, insurance, construction, telecommunication, and education, as well as professionals such as architects.

As a young practitioner, Ashley’s exceptional performance has received tremendous compliments and praises, where the Legal 500 described her as “meticulous”, “plan ahead and provide sufficient and appropriate guidance”, “smart solicitors with great grasp of how to balance business and legal concern”, “advice is always on point”, “responsive”, “knowledgeable on employment law and are able to provide clear and accurate advice”, and “very efficient”. Benchmark Litigation described her as “easy to approach” and “commendable attention to, and commendable work on, analysis and use/application of, details, issues, client’s needs/parameters, as well as structure and presentation methodology”.

Ashley read law at the University of Adelaide, Australia under the Public Service Department scholarships awarded by the Government of Malaysia. She completed the Certificate in Legal Practice (CLP) examination and obtained second class upper. She was also the Book Prize recipient for Criminal Procedure in CLP. She was then admitted as an Advocate and Solicitor of the High Court of Malaya.

Ashley is proficient in English, Chinese and Malay language.

Some significant matters which Ashley was involved in:

Corporate/ Civil Disputes

  • Acted for a vessel owning company for the breach of a charter party agreement, which began in arbitration and went up to the Federal Court. The Federal Court’s decision is reported in Master Mulia Sdn Bhd v Sigur Rus Sdn Bhd [2020] 12 MLJ 198.
  • Acted for a quarry company in a complex claim of RM12million arising from the breach of a quarry agreement. The High Court’s judgment is reported in Sunway Quarry Industries Sdn Bhd v Pearl Island Vista Sdn Bhd & Anor [2019] MLJU 40.
  • Acted for the director and shareholders of a leading technology company in an oppression action against another director and corporate shareholder of the company. Successfully defended the oppression action in both the High Court and the Court of Appeal. The High Court’s decision is reported in the case no. BA-24NCC-89-09/2020.
  • Acted for a shipping company in the Court of Appeal in opposing an application by its former director to inspect the company’s accounting records. The Court of Appeal overturned the High Court’s decision and ruled that the company was not required to allow its former director to inspect the accounting records. The High Court’s decision is reported in Heng Keng Thiang v Ban Hoe Leong Marine Supplies Sdn Bhd & Ors [2021] MLJU 2431.
  • Acted for a developer and its marketing company in defending a misrepresentation claim by the purchasers and successfully overturned the High Court’s decision at the Court of Appeal. The High Court’s decision is reported in Mukesh Kumar a/l MS Kapoor dan lain-lain lwn Terang Murni Sdn Bhd dan satu lagi [2023] MLJU 605.
  • Acted for direct selling distributors in defending a suit brought by a direct-selling company involving multiple claims. The High Court’s decision is reported in E&F Essential Sdn Bhd & Anor v Harmony Network Plt & Ors [2024] MLJU 177.
  • Acted for a renowned developer in a tenancy dispute at both the High Court and the Court of Appeal. The Court of Appeal affirmed the High Court’s decision, which is reported in Sunway Seafront Sdn Bhd v Onecle Solution Sdn Bhd [2021] MLJU 2856.
  • Acted for a developer in a claim brought by its agents for commission and successfully defended a Mareva Injunction sought by the agents. The High Court’s decision on the Mareva Injunction is reported in Lim Kan Leong & Anor v Safetags Solution Sdn Bhd [2022] MLJU 2653.
  • Acted for a Bank in a negligence claim brought by its customers, who alleged the Bank had honored forged cheques. Successfully defended the Bank in both the Sessions Court and the High Court.

Employment, Benefits and Incentives, & Industrial Relations Disputes

  • Acted for a senior employee of Avago Technologies (M) Sdn Bhd and succeeded in an unjust dismissal claim which went up to the Federal Court. In the subsequent proceeding of assessment of damages, successfully distinguished the Federal Court decision in Unilever (M) Holdings Sdn Bhd v So Lai @ Soo Boon Lai & Anor [2015] 4 MLJ 326 and the Court of Appeal awarded compensation in lieu of reinstatement to the employee notwithstanding that he had passed his retirement age.
  • Acted for a tertiary educational group of companies and successfully defended an unfair dismissal claim lodged by its former employee involving issues pertaining to conflict of interest. The Industrial Court Award is reported Award No. 2382/2019.
  • Acted for a Bank and successfully defended an unjust dismissal claim based on alleged forced resignation by its former head of commodities desk trading, both at the Industrial Court and the High Court. The Industrial Court Award is reported in Award No. 3178/2019.
  • Acted for a company which is an e-money issuer and successfully defended an unjust dismissal claim initiated by its former Chief Operating Officer. The Industrial Court Award is reported in Award No. 1126/2020.
  • Acted for a Bank and successfully defended an unjust dismissal claim related to the misconduct of its Service Manager. The Industrial Court Award is reported in Award No. 1221/2023.
  • Acted for a developer and succeeded in defending an unjust dismissal based on misconduct and poor performance of its Site Supervisor. The Industrial Court Award is reported in Award No. 2244/2023.
  • Acted for an oil and gas company and succeeded in defending an unjust dismissal claim by its employee who was retrenched during COVID-19. The Industrial Court Award is reported in Award No. 1270/2024.
  • Acted for an oil and gas company and succeeded in defending an unjust dismissal claim by its employee who was terminated due to misconduct. The Industrial Court Award is reported in Award No. 274/2024.

Insurance and Reinsurance

  • Acted for Insurers in respect of a claim against Malaysian solicitors arising from a fraudulent cryptocurrency transaction worth RM20+ million.
  • Acted for Insurers on coverage in respect of various claims made by Malaysian banks against insured property valuers.
  • Advised professional indemnity insurers on coverage in respect of various claims made by owners / residents against insured property management agents.
  • Acted for Insurers and insured shopping mall owners / management in defending a personal injury claim arising from a high-profile escalator incident happened in a renowned shopping mall in Malaysia.
  • Acted Insurer in initiating a subrogation claim under an industrial all risks insurance policy.
  • Advised and acted for Insurer in defending a claim by insured arising from policy coverage issues.
  • Advised and acted for Insurer and Insured in a claim made by management corporation against the insured under professional indemnity insurance.

Ashley has co-authored various publications including:

  • Sweet & Maxwell – “Law and Practice of Employment Law in Malaysia”
  • Lexis Nexis Malaysia in March 2021 – “Manoeuvring Corporate Governance in Malaysia: Litigation Perspectives”