Description
This seminar aims to explore issues relating to claims involving companies and misdirected funds or opportunities. The
panellists will examine those claims from both theoretical and practical perspectives. In particular, they will consider the
practical issues with respect to arguing for and defending such claims, and framing the appropriate causes of action in both
common law and equity.
Programme
2:00 pm
Registration
2:30 pm
Opening Address
by Idza Hajar Ahmad Idzam
2:45 pm
Equitable Claims against Third Parties: Constructive Trust, Knowing Receipt and Dishonest Assistance
by Dr Liew Ying Khai
The session will focus on the equitable claims available against third parties who retain misdirected funds, knowing recipients of misdirected funds, accessories, and fiduciaries who cause third-party companies they control to gain profit.
3:15 pm
Unjust Enrichment and Misdirected Funds
by Prof Dr Tang Hang Wu
The session will focus on how to frame an appropriate cause of action in unjust enrichment.
3:45 pm
Tea Break
4:00 pm
Crafting Your Litigation Strategy — Company Law Claims and Practical Considerations in Bringing Your Client’s Claims to Court
by Lee Shih
The session will focus on the following topics:
- Follow the Money — Gathering and Assessing Possible Targets
- Proper Plaintiff — Which Entity to Bring the Appropriate Action
- Pleadings — Problems that Arise When Bringing Claims against Directors and Non-Directors
- Urgent Interim Relief — Best Practices for Mareva Freezing Orders, Anton Piller Search Orders, and Bankers Trust Discovery Orders
4:30 pm Panel Discussion
Prof Dr Tang Hang Wu, Dr Liew Ying Khai and Lee Shih
Moderated by Idza Hajar Ahmad Idzam
Speaker
About the Moderator
Idza Hajar Ahmad Idzam is a partner in the litigation practice group at Messrs Zul Rafique & Partners.
She has practised exclusively in the areas of defamation and media; corporate and commercial litigation; public and administrative law; clubs and unincorporated associations; land and general property; law regarding land acquisitions; banking law; arbitration; and probate and administration of estates. She was involved in the landmark decision of the Federal Court on the law of unjust enrichment.
Idza is a Legal500 Asia Pacific 2019 Recommended Lawyer for Dispute Resolution.
About the Speakers
Prof Dr Tang Hang Wu is a Professor at the School of Law, Singapore Management University (“SMU”), where he specialises in property, trust and unjust enrichment. He is also SMU’s Director of the Centre for Cross-Border Commercial Law in Asia. In his capacity as a consultant at TSMP Law Corporation, he has acted as counsel and advised members of the legal profession in Singapore and Malaysia on complex legal issues. Recently, he acted as an expert witness for the United States (“US”) Department of Justice on the second-largest action brought under US’s Kleptocracy Asset Recovery Initiative, involving over €100 million.
Dr Liew Ying Khai is a Senior Lecturer at the Melbourne Law School, University of Melbourne, where he is also Associate Director (Private Law) of the Asian Law Centre, and a member of the Obligations Group. He teaches and researches in private law, with a particular focus on the law of trusts, contracts, and remedies. He is the author of Rationalising Constructive Trusts (Hart Publishing, 2017) and Guest on the Law of Assignment (3rd edition, Sweet & Maxwell, 2018).
Lee Shih is a partner at Messrs Skrine. He is listed in Chambers Asia-Pacific, Legal 500 Asia-Pacific and Benchmark Litigation Asia-Pacific. He has acted in various corporate disputes, fraud-related disputes, and cross-border investigations. He regularly works with forensic accountants and intelligence companies. He has had to obtain urgent freezing and search orders in Malaysia and abroad, and discovery orders to obtain banking information. He is the co-author of Companies Act 2016: The New Dynamics of Company Law in Malaysia.
Terms and Conditions
Places are limited and registration is on a first-come, first-served basis.
For events with registration fees, all payments must be made in advance, including bank charges. Registration will be confirmed once proof of payment is provided by email or fax, and full payment is received.
For events that are not organised by Bar Council, please note that you are subject to the relevant terms and conditions specified by the external providers.
Cancellation
Cancellations must be made in writing at least 48 hours prior to the event.
If you have failed to inform the organiser on your cancellation for three consecutive times, you may be blacklisted for future events.
Refunds
Refunds will be processed after the event is completed. This may take up to 30 business days. The conditions for refunds are as follows:
- Full refunds will be issued if the cancellation is notified to the organiser three business days before the event.
- No refunds will be issued if the cancellation is notified to the organiser less than three business days from the event.
The organiser reserves the right to modify, cancel or postpone the event, should circumstances arise that make such action necessary, whereupon all registration fees paid will be refunded.
Transferral
You are allowed to transfer your place to another participant, but you must notify the organiser with the necessary details.
Attendance
CPD points will not be awarded to lawyers and pupils in chambers from Peninsular Malaysia who arrive more than 15 minutes late, are not present throughout the event, or leave before its scheduled end.
Privacy
The personal information that you provide to the Bar Council, whether now or in the future, may be used, recorded, stored, disclosed or otherwise processed by or on behalf of the Bar Council for the purposes of facilitation and organisation of this event, research and audit, maintenance of a participant database for the promotion of this event, and such ancillary services as may be relevant.
Disclaimer
- Materials will be emailed only. No printed notes will be provided.
- No recording of the event is permitted via any means at any time.
- No part of the event content may be used/reproduced in any form without the written and explicit consent of the Bar Council and speaker(s).
