Thoo Yee Huan

Partner

Thoo Yee Huan is a Senior Partner of Halim Hong & Quek, with almost 30 years of experience advising individuals, developers and corporates on complex triable and appellate matters. He is a seasoned litigation lawyer who regularly appears at all levels of Malaysia courts, Industrial Court, statutory/arbitral Tribunal and Labour Office either as counsel/co-counsel in various brief across a broad spectrum of contentious matters. With his vast and extensive experience in Malaysia civil litigation, he has also been providing expert opinions on Malaysia law to foreign competent court of jurisdiction and arbitration forum. He is trusted by clients for his strategic and commercially-driven advice and solution-based approach.

Key Practice Areas

  • Land & Real Estate
  • Labour & Employment
  • Commercial Litigation & Arbitration
  • Debt Recovery
  • Wills, Probate & Administration
  • Family Law
  • Personal Injury Claims

Key Expertise

  • Over 30 years’ focused experience in civil litigation with robust advocacy. Also possess wide knowledge on real estate/conveyancing
  • Frequently engaged by developers facing land/development issues
  • Known for legal precision and sound judgment with deep understanding of laws and procedures and combines well with clients’ commercial objectives

Work Highlights

  • Advised and represented range of property developers in application for judicial review/suits as its lead counsel and submitted on the issue of late delivery ascertained damages including departing from the former apex court decisions of the Faber Union and PJD Regency. 
  • Advised developers on the LAD issues arising from the aftermath of Ang Ming Lee case
  • Successfully assisted/advised and represented landowners in their respective land acquisition cases.
  • Holding watching briefs for Real Estate Housing Developers Association (REHDA) in Court of Appeal and Federal Court
  • Acted for developers in strata titles rectification matters involving technicality through court
  • Acted for landlords to commence eviction proceeding against defaulted tenant and trespasser
  • Acted for successful bidders to commence eviction proceeding against occupier holding over the premises after successful auction and remove caveat through court
  • Advised and represented numerous Joint Management Body/Management Corporation in strata related disputes
  • Acted for property developers, landowners and investors in complex land and real estate disputes involving joint ventures, land development agreements, sale and purchase agreements and investment structures.
  • Successfully assisted and represented aggrieved terminated employees in seeking for fair compensation including probationers terminated during covid pandemic
  • Advised foreign company on employment related issues and compliance during covid pandemic
  • Advised numerous corporations on labour practice issues such as domestic inquiry and retrenchment exercise
  • Advised various China construction companies in resisting Bank Guarantee/Performance Bond claims
  • Represented litigants in defamation suits and manage to lift corporate veil in a defamation suit involving publication issued by board of Company
  • Counsel for international Arbitration matter involving refund of contract sum due to part performance of contract
  • Counsel for domestic Arbitration matters involving termination of waste oil contract and mining dispute
  • Successfully resist equitable winding up brought by shareholder and represented directors in boardroom tussle
  • Advised and represented a temple in a protracted charitable trust dispute

Industry Focus

  • Labour & Employment
  • Land & Real Estate Dispute

Thought Leadership & Contributions

Thoo is a regular speaker for property developers, corporation and investors on employment, land related dispute and Malaysia legal landscape. He has been appearing in numerous interviews and featuring as guest on television and radio stations broadcast regarding legal issues/topics.

Publications/Talks

  • “AMLA: A Look into the New 2020 Policy Document” (June 2020)   
  • “Understanding the Malaysian Movement Control Order” (March 2020)
  • Untangling the Tale of Constructive Dismissal (Sept 2020)
  • Malaysia Marks One-Year Anniversary of Section 17A MACC Act 2009 – Where are we heading to?
  • Constructive Dismissal: The Applicable Test- “Contract Test vs The Reasonableness Test” r
  • Upholding the cornerstone of separate legal personality in Employment Dispute”
  • Practical Law Thomson Reuters Corporate Real Estate Malaysia Guide 2015-2016
  • Co-Author of Labour & Employment chapter in published book “Investing in Malaysia’s Manufacturing Industry: The Legal and Tax Aspects”

Notable Highlights

  • Recognised by The Legal 500 as a leading lawyer in construction and real estate matters, co-leading Halim Hong & Quek’s real estate and construction practice with a reputation for “meticulous, industry-savvy advice”.
  • Regularly entrusted with major construction and infrastructure disputes, including energy, engineering and large-scale development projects, acting for developers, corporates and government-linked entities from project inception through dispute resolution.
  • Lead counsel in numerous reported Malaysian decisions involving construction contracts, land disputes, adjudication (CIPAA), arbitration and judicial review, contributing to the development of construction and real estate jurisprudence.

Reported Decisions

  • Gary The Chin Yeong vs Kwong Yan Loy & Anor [2019] MLJU 1879
  • Choong Wai Kit vs Tropicana Shared Services Sdn Bhd [2022] 3 ILJ 10
  • Stephen Yeap Ban Eng v. Galeri Tropika Sdn Bhd [2023] 4 ILR 197
  • Chew Mei Fun vs Tony Pua [2023] MLJ 1514
  • Bluedream City Development Sdn Bhd vs Kong Thye & Ors and other appeals [2022] 2 MLJ 241
  • Obata -Ambak Holdings Sdn Bhd vs Prema Bonanza Sdn Bhd and other appeals [2024] 5 MLJ 897

Qualifications & Professional Affiliations

  • Advocate and Solicitor, High Court of Malaya (1997)
  • Bachelor of Laws (Honours), Second Class Upper, University of Malaya (1996)
  • Advocate & Solicitor, High Court of Malaya
  • Panel solicitors for Advocates & Solicitors Disciplinary Board

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