Polwin Sua Shiang-Nian 

Polwin specializes in dispute resolution covering practice areas including, among others, Construction Law, Environmental Law, Public Administrative Law and Commercial Law. He possesses extensive experience in litigation (having represented clients in all tiers of Malaysian courts, including the High Court, Court of Appeal, and Federal Court) as well as in arbitration and adjudication.​

 

Polwin has been involved in the following cases, among others:

 

• Represented an Australian Securities Exchange (ASX) listed company and its related Malaysian subsidiaries in significant cross-border fraud litigation to recover against former senior management personnel and directors. The causes of action include, among others, breach of fiduciary duties, fraud, conspiracy to defraud by unlawful means, and breach of trust. The dispute arose from a complex fraudulent scheme, where RM160 million was siphoned from the group of companies. The matter involved more than 10 pending cases before the High Court and Court of Appeal.

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• Successfully defended a key subsidiary of an ASX-listed company in an administrative appeal under the Environmental Quality Act 1974, challenging the Environmental Impact Assessment (EIA) granted to the main contractor for the construction of a Permanent Disposal Facility for Water Leach Purification Residue arising from the processing of rare earth elements. This highly technical and complex case involved public interest considerations, addressing serious social, environmental, political, and economic issues.

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• Successfully facilitated high-profile consent orders acquired on behalf of a key Malaysian subsidiary of an ASX-listed company regarding impugned license conditions imposed by the Atomic Energy Licensing Board (AELB) that would have resulted in the closure of the world’s largest rare earths processing plant. Polwin acted as co-counsel in the matter brought before the Kuala Lumpur High Court, where leave was granted in respect of 2 Judicial Review Applications brought against the decisions of the Minister of Science, Technology and Innovation in dismissing the appeals pursuant to the Atomic Energy Licensing Act 1984 which ultimately affirmed the AELB's decision imposing the impugned license conditions.

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• Successfully resisted an application to set aside and stay an Adjudication Decision on the grounds of illegality, and successfully moved the High Court to enforce the said Adjudication Decision. The Adjudication Decision arose from disputes involving the non-payment of completed works by a main contractor in respect of a rubber glove manufacturing factory, coupled with workers' hostel compounds. The adjudicated sum was approximately RM27 million.

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• Successfully resisted a Judicial Management Application before the High Court, sought against a judgment debtor, brought by a friendly creditor. The application was brought in bad faith and in attempts to frustrate and stifle winding-up proceedings brought by the judgment creditor which was owed approximately RM27 million.

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• Successfully facilitated the settlement of four related arbitration disputes on behalf of a main contractor against the employer, concerning claims for unpaid works totaling approximately RM400 million, in relation to the construction of a major tourism attraction project in Desaru, Johor.

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• Represented the owner of a fleet of vessels in a dispute arising from a Charter Party Agreement, involving claims for breach of contract and fraud relating to the suitability of the vessels for sand dredging operations, in two separate High Court suits brought against the owner. The Charter Party Agreement was valued at RM 2 million.

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• Acted in an arbitration commenced by the main contractor against an M&E subcontractor for the sum of RM120 million, which includes disputes on unpaid certified and uncertified works and a claim for retention sums. This claim relates to M&E subcontract works for blocks of commercial and residential buildings in Petaling Jaya.

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• Acted for the subcontractor (Third Party) to oppose Garnishee Proceedings brought by a Judgment Creditor against the main contractor (Judgment Debtor) and the employer (Garnishee), for monies purportedly owed by the employer to the main contractor for works done by the Third Party in a project. Issues pertain to the validity of the assignment and creation of the trust by the Third Party and the Judgment Debtor, and whether such monies should be garnished. The amount subject to these proceedings was RM4.6 million. The project was for the erection of an office building located in Dutamas, and the total value of the subcontract was RM54 million.

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• Advised the M&E subcontractor in disputes with the main contractor. Disputes arose from unwarranted supply of workers, under-certification, and valuation of VO works. The subcontract was for the building of double-track railways for KTM in Johor. The contract value was approximately RM100 million.

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• Successfully obtained a High Court Judgment in litigation brought by the main contractor against the employer for the non-payment of works done in the building of machines for the production of rubber gloves. The value of the judgment sum was RM3.5 million, while the total contract value was approximately RM8 million.

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• Successfully defended an adjudication claim brought by a consultant against another consultant for the alleged non-payment pursuant to the alleged Release Letter. The claim was for approximately RM3.1 million.

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• Successfully resisted an appeal at the Court of Appeal relating to the legal issue of the assessment of damages and whether an assessment of damages can be made without a finding of liability. This issue arose from the wrongful imposition of a Prohibitory Order.

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• Successfully obtained the High Court order for the removal of a private caveat against a residential property based in Klang. The property value was approximately RM3.5 million.

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• Acted in obtaining bankruptcy orders against guarantors in relation to a matter arising out of the non-payment of goods under a supply of construction goods contract worth RM2 million.

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Reported cases

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• Smart Glove Industries (Malaysia) Sdn Bhd v Technygroup Holdings (M) Sdn Bhd [2025] AMEJ 0153

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• IOUpay Limited & 3 Ors v Kuan Choon Hsuing & 6 Ors [2025] AMEJ 0079

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• IOUpay Limited & 3 Ors v Kuan Choon Hsuing & 6 Ors [2025] AMEJ 0004

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• Smart Gloves Industries (Malaysia) Sdn Bhd v TechnyGroup Holdings Sdn Bhd [2024] AMEJ 2596

 

• Dato’ Dr Ng Meng Kee & Anor v Rightlink Capital Sdn Bhd [2023] AMEJ 1441, [2023] 9 CLJ 196, [2023] 6 MLJ 798

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Publications

 

• ‘Stay Application Against Adjudication Decision: Issues and Developments’, Vol. 3 Issue 11, AIADR Journal of International ADR Forum, February 2023, available on: https://aiadr.world/wp-content/uploads/2023/02/Journal-Vol-3-Iss-11.pdf  

 

• ‘Case Commentary by VCC: JKP Sdn Bhd and Anas Construction Sdn Bhd’, Messrs. Vin Cheng & Co, October 2022, available on: https://www.vcclaw.com.my/articles/case-commentary-by-vcc-jkp-sdn-bhd-and-anas-construction-sdn-bhd  

 

• ‘You Practically Complete Me: Practical Completion Under Undefined Circumstances’ [2022] 1 LNS (A) lii, Malaysian Current Law Journal, May 2022  

 

• ‘Equity Crowdfunding Retail Investor Protection in the UK: a comparative study with Malaysian law and practice.’ [2019] 1 LNS(A) cxl, Malaysian Current Law Journal, December 2019  ​