Dispute resolution and litigation based in Sabah

About Us

The firm is located in Kota Kinabalu, Sabah, Malaysia. The firm leads a dispute resolution practice in litigation, arbitration and statutory adjudication under the Construction Industry Payment and Adjudication Act (CIPAA) 2012.

Since 2011, the firm has represented clients in over 100 cases (with over 20 reported cases in the law journals) in disputes related to building and construction, commercial and corporate, intellectual property, environmental and tortious claims, public interest litigation and judicial review.

Grace Chaw Hei Hei has an active disputes practice, frequently representing clients in the high courts and appellate courts in cases relating to IP, shareholders, land and construction. A source appreciates that “she understands nuance” and is “fearless in court.”

– Chambers Asia Pacific 2021.

About Us

– Chambers Asia Pacific 2021.

GRACE CHAW HEI HEI
(FCIArb) (ICC YAAF 2021-2024)

Bachelor of Laws (LL.B) with Honours, Monash University, Australia
Master of Laws (LL.M) with Distinction, Queen Mary University of London
Lawyer (Supreme Court of NSW, Australia)
Advocate & Solicitor of Sabah, Malaysia
Arbitrator & Adjudicator (AIAC), Malaysia
Accredited Mediator (SIMI), Singapore
Commissioner for Oaths, Malaysia

Our Team

The founder, Grace Chaw, read law (LL.B with Honours) at Monash University, Australia. Grace holds a Master of Laws (LL.M) with Distinction in International Dispute Resolution (specialising in investment treaty arbitration and international commercial arbitration) from Queen Mary University of London. She is dual-qualified to practise in Australia and Malaysia. She serves under the International Chamber of Commerce (ICC) as an ICC Young Arbitrators Forum (ICC YAAF) representative for 2021-2024.

Grace leads an active dispute resolution practice in litigation and arbitration. Local and foreign solicitors regularly brief Grace to appear as a trial lawyer and appellate counsel for contentious legal proceedings emanating from Sabah. She was the lead counsel in various decisions of the High Court, Court of Appeal, and the Federal Court, reported in the Malayan Law Journal (MLJ) and Current Law Journal (CLJ), recognising her dedication to advocacy practice.

Grace is an independent arbitrator empanelled with the Asian International Arbitration Centre (AIAC), the Dubai International Arbitration Centre (DIAC) and the Borneo International Centre for Arbitration and Mediation (BICAM). She completed her higher education in the laws of investment treaty arbitration and international commercial arbitration at the School of International Arbitration at the Queen Mary University of London. She is a Fellow of the Chartered Institute of Arbitrators (FCIArb).

Grace also sits as an adjudicator at the AIAC to hear payment claims under the Construction Industry Payment and Adjudication Act (CIPAA) 2012. Her contribution to the Malaysian adjudication literature includes “Statutory adjudication in Malaysia and ‘Sabah proceeding’ – a paradox?” [2021] 3 MLJ cdlxxxviii.

Formerly, she worked as an in-house legal counsel in the headquarters of a leading engineering firm in Melbourne, Australia, which housed over 200 engineers who specialise in infrastructure projects such as tunnel, rail & mass transit, bridges & civil structures, power generation, transmission & distribution, environment & planning, budding design. Her role included contract reviews for project tenders and contractual risk management for project implementation.

Nicole Chee read law (L.L.B. with Honours) at the University of Hertfordshire, United Kingdom. She completed her Practical Legal Training at Leo Cussen Centre of Law in Melbourne, Victoria, Australia and was admitted as a Lawyer of the Supreme Court of Victoria.

She is an Advocate and Solicitor of the High Court of Sabah and Sarawak and is dual-qualified to practise in Australia and Malaysia. She serves as a legal assistant in the firm.

Nicole is developing her legal practice in civil litigation and dispute resolution. She specialises in disputes relating to building and construction, land, commercial and breaches of contract. She is also tasked with alternative dispute resolution matters, in particular, adjudication under Construction Industry Payment & Adjudication Act 2012 (CIPAA).

NICOLE CHEE KAYEE

L.L.B. (Hons) University of Hertfordshire, United Kingdom
Advocate & Solicitor
Lawyer (Supreme Court of Victoria, Australia)

Cindy Lim

Jean Sepin

Alvin Chaw

Our Practice

The firm’s principal, Grace, has represented clients in over 100 contentious disputes across a broad range of subject matters, of which a few of them are in the public domain. This section records the representative disputes reported in the law journals.

Construction Disputes

Grace acted for the employer/developer in this dispute against the main contractor dealing with post-determination rights of the parties in regard the use of construction plant.

Investasia Sdn Bhd v NTSJ Construction (M) Sdn Bhd [2022] MLJU 3527

Grace acted as lead counsel for the purchasers in their claim for liquidated ascertained damages (“LAD”) against the developer for the delay of vacant possession of a commercial building. Notable issues include the interpretation of the architect’s certificate of extension of time, force majeure clauses under the PAM conditions of a contract and sale and purchase agreements. The purchasers were successful in their claim before the High Court, Court of Appeal and the Federal Court (Apex Court) in Malaysia.

Capitol Avenue Development Sdn Bhd v Gamwon Properties Sdn Bhd and other appeals [2021] MLJU 403 / [2021] 1 LNS 528
Mission Richmark Sdn Bhd v Capitol Avenue Development Sdn Bhd [2020] 1 LNS 977
ML Sutera Sdn Bhd v Capitol Avenue Development Sdn Bhd [2020] MLJU 1003 / [2020] 1 LNS 808
Pemborong Bumijaya Sdn Bhd v Capitol Avenue Development Sdn Bhd [2019] 1 LNS 447 refd(1)
Pemborong Bumijaya Sdn Bhd v Capitol Avenue Development Sdn Bhd [2018] MLJU 1241 / [2018] 1 LNS 1787 refd(3)

Grace acted as a trial lawyer for the developer in a series of related civil suits and successfully obtained the High Court’s declaration and an injunction in favour of the developer’s legal and equitable rights to use the road reserve as the right of way over and along the road reserve as access to a 29-storey residential condominium.

Marvelgold Development Sdn Bhd v Majlis Daerah Penampang & Anor [2020] MLJU 2123
Marvelgold Development Sdn Bhd v Majlis Daerah Penampang & Anor [2019] MLJU 1842
Marvelgold Development Sdn Bhd v Majlis Daerah Penampang & Anor [2019] MLJU 1843

In a related action, the Magistrates granted summary judgment against the developer, represented by Grace, who successfully appealed to the High Court on the ground that the purchaser’s action was premature as the right to claim for LAD had not accrued at the time of filing the action. That appeal was in favour of the developer, leading to the group of purchasers in this reported decision to withdraw the action.

Ten Choy Kung & Ors v Marvelgold Development Sdn Bhd [2019] MLJU 1761

The High Court clarified that the local council was a statutory body and a public authority and interpreted the definition of a “Local Authority” in the context of the Town and Country Planning Ordinance (Cap. 141). The High Court also determined that the Plaintiff’s claim for infringement of its rights by the 1st Defendant fell within public law as opposed to private law.

Marvelgold Development Sdn Bhd v Majlis Daerah Penampang & 1 Other [2018] MLJU 867 / [2018] 1 LNS 950

Grace acted as co-counsel to defend the developer. 46 purchasers of residential properties filed this claim against the developer for defects in the properties.

Lim Chon Jet @ Lim Chon Jat & Ors v Yusen Jaya Sdn Bhd [2011] 5 MLJ 239

Land & Property Conveyance Disputes

The firm represented a corporate entity to defend the landowner from the repudiation of a sublease agreement over land held under Native Title.

Habib Abdul Rahman Bin Habib Mahmud v Growth Enterprise Sdn Bhd [2022] MLJU 3526

Grace acted as the Appellant’s counsel before the Court of Appeal. The appeal concerned the questions of indefeasibility of title and interests under the Sabah Land Ordinance (Cap 68) (“SLO”). The case examined forgery, whether forged documents could effect a transfer of a parcel of land, and whether protection could be given to a bona fide purchaser for value if said purchaser dealt with the actual proprietor on the register, not the forger. Grace obtained leave to appeal to the Federal Court (Apex Court) against the adverse outcome of the appeal.

Sia Hiong Tee & Ors v Chong Su Kong & Ors [2012] 1 LNS 1292 / [2013] 6 MLJ 438

In this landmark case, Grace continued to act as the Appellant’s counsel before the Federal Court. The Federal Court answered the novel question of whether bona fide purchasers for value without notice can obtain immediate indefeasible title upon registration of transfer of land in their names under section 88 of the SLO, and whether the principles under section 340 of the National Land Code, could be applied to section 88 for interpretative purposes.

Sia Hiong Tee & Ors v Chong Su Kong & Ors [2015] 4 MLJ 188 / [2015] 8 CLJ 1173 refd(14)

Contract, Commercial & Corporate Disputes

Grace acted as counsel for the Respondent for the application for a stay of the Winding Up Order implemented by the Judicial Commissioner. The High Court made notable observations as to the ‘special circumstances’ that applicants for a stay must establish for a stay of execution to be granted. The High Court touched on the basic principle that a successful litigant should not be deprived of the fruits of his litigation for no good reason and the impact on the contributories of the company to be wounded up.

Kwan Hung Cheong v Kwan Chee Hang Sdn Bhd & Anor [2019] MLJU 1735 / [2019] 1 LNS 2116

Grace acted as co-counsel for the Appellants to appeal for the winding-up of their company. Grace was retained as lead counsel and obtained leave to appeal to the Federal Court. She argued a novel question of law in an oppression action: whether there can be a finding that the Applicants are in breach of the buy-out order to purchase shares where the said order was made under section 181(2) Companies Act 1965 (now, section 346(2) of the Companies Act 2016) to provide for the purchase of said shares of the Respondent in the absence of a determination of the fair value of the shares by the High Court.

Kong Yin Siong & Anor v Chin Chee Fui [2019] MLJU 431/[2019] 1 LNS 1128

Grace acted as co-counsel in the High Court and lead counsel in the Court of Appeal in this action for wrongful termination of an agreement to claim rights over land and for specific performance of that agreement. On appeal, Grace successfully overturned the High Court’s decision and obtained a declaration that the termination of the agreement was null and void, which meant the agreement remained valid and subsisting.

Double Advantage Sdn Bhd v Paduan Hebat Sdn Bhd & Anor [2017] MLJU 1427 / [2017] 1 LNS 1391 refd(5)

Grace acted for the professional engineer and successfully claimed damages for loss of profits arising from unlawful termination of his contract by the employer to implement an infrastructure project.

Nordin Abdul Rahman v Eramaz (M) Sdn Bhd [2010] 1 LNS 1248 refd(1)

Intellectual Property Litigation

Grace acted as counsel in various intellectual property litigation that had led to settlements out of court. In the following reported case, Grace acted as counsel for the Plaintiff to claim against the Defendant for infringements of trademarks, copyright and passing off. Grace successfully dismissed the Defendant’s application for striking out.

El Baik Food Systems Co, SA v Q Baik (M) Sdn Bhd [2020] MLJU 1727 / [2020] 1 LNS 1385

Judicial Review & other Civil Litigation

Grace acted as counsel for the Plaintiff and succeeded in a defamation trial for libel from a private letter written to a third party concerning a political candidacy.

Wong Kii Yii v Datuk Chin Chee Kee & Anor [2013] 1 LNS 510 refd(2)

Grace acted as counsel for the Defendant. This civil appeal brought before the High Court debated on whether the Plaintiffs had filed an appeal to the judge in chambers against an order on taxation of costs made by the senior assistant registrar under O56 r. 1 of the Rules of Court 2012, or whether they were filed out of time and ought to be dismissed in limine under O56 r. 1(3).

Chong Su Kong & Ors v Sia Hiong Tee & Ors (Messrs Johari & Zelika, Third Party) [2013] 10 MLJ 317 / [2014] 10 CLJ 245 / [2013] 1 LNS 1357 refd(5)

Prior to establishing the firm, our principal had formerly acted in a series of judicial review matters reported in the law journals:

Lim Sau Chiang v Director-General of Insolvency, Malaysia [2010] MLJU 1724
Tadika Tzu Yu (Tzu Yu) Kindergarten v Tah Od Ngoh & Ors [2009] MLJU 429 / [2009] 1 LNS 474 refd(1)
Thomas Lim Yong En v Wildlife Expeditions Sdn Bhd [2009] 2 LNS 1255
Sabturani Tinusi v Wildlife Expedition Sdn Bhd [2009] 2 LNS 0214
Alam Mat Yaman v Wildlife Expeditions Sdn Bhd [2006] 2 LNS 1925

Statutory Adjudication (CIPAA 2012)

Grace is empanelled as an Adjudicator under Asian International Arbitration Centre (AIAC) to hear statutory adjudication under Construction Industry Payment & Adjudication Act 2012 (CIPAA).

She also acts as counsel for claimants to resolve construction-related payment disputes through statutory adjudication to obtain a swift interim decision on payment disputes.

Equipped with experiences both as the adjudicator and as claimant’s counsel, she acts as counsel in CIPAA related enforcement proceedings in the High Court of Malaysia.

International Commercial Arbitration

The firm strategizes dispute settlement through ADR processes pursued independently or in parallel to litigation or arbitration.

Grace is an independent arbitrator empanelled with the Asian International Arbitration Centre (AIAC). She completed her higher education in the laws of investment treaty arbitration and international commercial arbitration at the School of International Arbitration at the Queen Mary University of London. She is professionally trained by the Chartered Institute of Arbitrators (Singapore Branch) and is conferred the Diploma in International Commercial Arbitration by the Chartered Institute of Arbitrators (CIArb). She is a Fellow of the Chartered Institute of Arbitrators (UK) (FCIArb).

She is equipped to sit as an arbitrator and represent parties in international and domestic arbitration.

International Mediation

Following the momentous United Nations Convention on International Settlement Agreements Resulting from Mediation, also known as the Singapore Convention, Grace pursued professional mediation training in Singapore. She is an accredited Mediator with the Singapore International Mediation Institute (SIMI), the premier independent professional standards body for mediation in Singapore and the region supported by the Ministry of Law in Singapore and the National University of Singapore.