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Lee Sze Ching (Ashley)

Partner

  • Anti-Bribery & Corruption
  • Corporate Governance & Compliance
  • Corporate Litigation & Risk Management
  • Employment, Benefits & Incentives, and Industrial Relations
  • Insolvency & Restructuring
  • Insurance & Reinsurance
  • Advocate and Solicitor of the High Court of Malaya
  • LL.B (Hons), University of Adelaide

English, Malay, Mandarin

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

Having represented corporations and employers across various sectors, Ashley is highly skilled in employment and industrial relations matters. Her work includes reviewing and drafting employment contracts and handbooks, providing advice on disciplinary actions, advising on termination of employment on different grounds including retrenchment and misconduct, advising on the recognition of trade unions and collective agreements, and representing employers and senior employees in court. Her labour and employment practice has received positive feedback from clients, described in Benchmark Litigation as “timely, attentive and rigorous” and “commercially sound and effective, largely due to their strong understanding of clients’ priorities.” Ashley has also co-authored a chapter in an employment law 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 liability, including drafting and reviewing anti-bribery and anti-corruption policies. She has co-authored a series of articles and contributed substantially to a book chapter discussing corporate liability in relation 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 sectors including banking, insurance, construction, telecommunications, and education, as well as professionals such as architects.

As a young practitioner, Ashley’s exceptional performance has received tremendous praise, with The Legal 500 describing her as “meticulous,” someone who “plans ahead and provides sufficient and appropriate guidance,” and “a smart solicitor with a great grasp of how to balance business and legal concerns.” Other client feedback described her advice as “always on point,” “responsive,” “knowledgeable on employment law,” “able to provide clear and accurate advice,” and “very efficient.” Benchmark Litigation also commended her as “easy to approach” with “commendable attention to, and commendable work on, the analysis and application of details, issues, clients’ needs, as well as structure and presentation methodology.”

Ashley read law at the University of Adelaide, Australia, under a Public Service Department scholarship awarded by the Government of Malaysia. She completed the Certificate in Legal Practice (CLP) examination with Second Class Upper honours and was the Book Prize recipient for Criminal Procedure. She was subsequently admitted as an Advocate and Solicitor of the High Court of Malaya.

Ashley is proficient in English, Chinese, and Malay.

Some significant matters which Ashley was involved in:

Corporate / Civil Disputes

  • Acted for a vessel-owning company in a breach of charter party agreement, which began in arbitration and proceeded 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 RM12 million claim 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 directors and shareholders of a leading technology company in an oppression action against another director and corporate shareholder. Successfully defended the action in both the High Court and the Court of Appeal. The High Court’s decision is reported in 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 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 that the bank had honoured 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 that went up to the Federal Court. In the subsequent 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 education group and successfully defended an unfair dismissal claim lodged by its former employee involving issues of conflict of interest. The Industrial Court Award is reported as 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 as Award No. 3178/2019.
  • Acted for a company that 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 as 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 as Award No. 1221/2023.
  • Acted for a developer and succeeded in defending an unjust dismissal claim based on misconduct and poor performance by its Site Supervisor. The Industrial Court Award is reported as Award No. 2244/2023.
  • Acted for an oil and gas company and succeeded in defending an unjust dismissal claim by an employee who was retrenched during COVID-19. The Industrial Court Award is reported as Award No. 1270/2024.
  • Acted for an oil and gas company and succeeded in defending an unjust dismissal claim by an employee who was terminated due to misconduct. The Industrial Court Award is reported as 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 over RM20 million.
  • Acted for insurers on coverage matters involving various claims made by Malaysian banks against insured property valuers.
  • Advised professional indemnity insurers on coverage in respect of claims made by owners and 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 in a renowned Malaysian shopping mall.
  • Acted for an insurer in initiating a subrogation claim under an industrial all-risks insurance policy.
  • Advised and acted for an insurer in defending a claim by an insured arising from policy coverage issues.
  • Advised and acted for an insurer and the insured in a claim made by a management corporation against the insured under a professional indemnity policy.

Ashley has co-authored various publications, including:

  • Sweet & Maxwell – Law and Practice of Employment Law in Malaysia
  • LexisNexis Malaysia (March 2021) – Manoeuvring Corporate Governance in Malaysia: Litigation Perspectives