Kelvin Ho Kok Weng
Kelvin is an experienced litigation lawyer, with particular expertise in inter alia, commercial & corporate disputes and restructuring and insolvency related matters.
Phone:
+603 7865 0370
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Email:
kelvin@ctwlaw.my
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Qualifications
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Advocate and Solicitor, High Court in Malaya (2019)
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Bachelor of Laws (Honours), Multimedia University (2018)
Professional Memberships
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Malaysian Bar
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Young Society of Construction Law
Area of Practice
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Commercial & Corporate Disputes
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Restructuring & Insolvency Litigation
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Tenancy Disputes
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Construction Disputes
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Corporate & Individual Debt Recovery
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Alternative Dispute Resolution (Mediation and Arbitration)
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Corporate Advisory – Agreement Drafting & Negotiation
Profile
With commercial litigation as Kelvin’s core background of practice, he is an addition to the expanding litigation team at the firm.Kelvin focuses in , commercial & corporate disputes, and restructuring and insolvency related matters.
Aside from the above and with the ever-growing tenancy disputes involving landlords and tenants, Kelvin has spent the past 4 years of his career taking on a lot of matters involving tenancy disputes, in which he conducted full trial for various of the aforesaid disputes.
Kelvin’s clientele is rather diverse, where he is the designated legal advisor for among others, a factory/manufacturer producing limestone & dolomite powder based in Gopeng, Perak, a pet food & products wholesaler based in Nilai, Negeri Sembilan, as well various SMEs and/or organizations involved in the construction sector, tech service provision businesses, insurance service provider, and retail supermarket. Kelvin also has private individuals as clients.
With Kelvin’s strategic planning and practical approach to the legal matters that he handles, the same often yields favourable outcomes especially for his corporate clients. Kelvin loves the “win-win situation” approach, rather than the “zero-sum game” approach, although litigation often demands the latter.
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Experience
Commercial & Corporate Disputes
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Represented Malaysian companies in various suits involving breach of service contract, including tortious claims (tort of conversion)
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Represented various construction companies in commercial claims, in particular for recovery of outstanding payments for goods sold and delivered, as well as works carried
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Represented various companies in 3 High Court suits – in pursuing the directors of their debtor companies for fraudulent trading under section 540 of the Companies Act 2016
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Represented a minority shareholder in an oppression claim and a winding-up petition under just and equitable grounds at the Ipoh High Court, against the majority shareholders of a columbarium service provider
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Represented a SME who was involved in online platform business dispute
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Represented a public-listed insurance service provider in a claim against a former policy holder for overpaid surrender sum, at the Kuala Lumpur Magistrates’ Court
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Restructuring & Insolvency
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Represented a public listed construction company in a judicial management proceeding (under sections 404 to 414 of the Companies Act 2016) against its main contractor which was undergoing the aforesaid corporate rescue mechanism at the Kuala Lumpur High Court for a claim involving RM2.9 million worth of works carried out
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Represented a Singaporean-owned local entity in a scheme of arrangement proceeding (under sections 366 to 368 of the Companies Act 2016) at the Kuala Lumpur High Court
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Represented various construction companies in commencing winding-up proceedings against their debtors for unpaid debts
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Represented a local manufacturer based in Ampang, Selangor in a highly-contentious winding-up proceeding with ‘disputed debt’ as our main defence
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Represented various companies in applying for and/or opposing various Fortuna Injunction applications (to prevent winding-up petitions for being filed)
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Represented a local SME to apply for an order to terminate a winding-up order granted
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Tenancy Disputes and/or Advisory
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Acted for a landlord in a high-end condominium in the heart of KL in a rental arrear recovery suit in a full trial
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Represented a retail supermarket based in Klang, Selangor in a tenancy dispute with its landlord for a claim involving RM5 million
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Represented a scaffolding company based in KL against a suit commenced by its former landlord in Klang High Court, for a full trial
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Successfully resisted a Mareva Injunction application advanced by the abovesaid former landlord against the scaffolding company at the Klang High Court
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Advised a factory based in Gopeng, Perak, involving a tenancy agreement for the rental of the factory premises and led the negotiations thereto before execution of the same
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Advised and prepared multiple tenancy agreements for commercial properties as well as residential units in Klang Valley
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Construction Disputes
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Successfully represented a scaffolding company in pursuing its main contractor for unpaid scaffolding works carried out, at the Kuala Lumpur High Court for a claim sum worth RM7.2 million
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Represented various contractors in claims against their main contractors for unpaid works carried out.
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Litigation in Court in relation to construction claims for payment for works done
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Seeking direct payment from principal pursuant to section 30, CIPAA 2012
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Enforcing an adjudication decision in the High Court
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Assisting in a striking out application on the ground of time bar in a construction claim
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Corporate & Individual Debt Recovery
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Handled approximately 50 debt recovery matters thus far, many of which materialized into settlement and / or resulting in payments from debtors
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Alternative Dispute Resolution (Mediation and Arbitration)
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Initiated various mediation sessions and represented clients thereto in the aforesaid mediation sessions prior to advancing the matters to full trial
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Assisted in 2 arbitration proceedings involving claims by various local construction companies for unpaid works carried out
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Corporate Advisory – Agreement Drafting & Negotiation
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Recently after Kelvin joined the firm, he was appointed by a tech-service provider startup to draft various agreements and to also lead the negotiations thereto for its various software service provision to its clients
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Language
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English
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Malay
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Hokkien
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Mandarin

