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 ASX-listed company and its Malaysian subsidiaries in cross-border fraud litigation to recover RM160 million siphoned through a complex fraudulent scheme orchestrated by former senior management and directors. Acted in over ten High Court and Court of Appeal cases involving breach of fiduciary duties, fraud, conspiracy, and breach of trust.

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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) approved for the construction of a Permanent Disposal Facility for Water Leach Purification Residue produced from processing rare earth materials. 

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• Successfully facilitated consent orders for a key Malaysian subsidiary of an ASX-listed company in resolving disputes over impugned licence conditions imposed by the Atomic Energy Licensing Board (AELB), which threatened the closure of the world’s largest rare earth processing plant. Acted as co-counsel in judicial review proceedings before the High Court.

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• Successfully resisted an application to set aside and stay a RM27 million adjudication decision relating to unpaid works by a main contractor for a rubber glove factory and hostels, and enforced the decision in the High Court.
   

• Successfully resisted a bad faith Judicial Management application by a friendly creditor seeking to frustrate winding-up proceedings over a RM27 million judgment debt.

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• Successfully facilitated settlement of four arbitration disputes worth RM400 million on behalf of a main contractor against the employer concerning a major tourism project in Desaru, Johor.

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• Represented a fleet owner in two High Court suits concerning a RM2 million Charter Party Agreement, with claims of breach of contract and fraud arising from the alleged unsuitability of dredging vessels.

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• Acted in an arbitration commenced by the main contractor against an M&E subcontractor for RM120 million. The disputes concerned unpaid certified and uncertified works and claims for retention sums, arising from M&E subcontract works for commercial and residential blocks 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 sums purportedly owed by the employer to the main contractor for works done by the Third Party in a project. Issues included the validity of the assignment and creation of the trust by the Third Party and the Judgment Debtor, and whether such sums should be garnished. The amount subject to these proceedings was RM4.6 million. The underlying project was the erection of an office building in Dutamas, with a subcontract value of RM54 million.

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• Advised the M&E subcontractor in disputes with the main contractor concerning unauthorised supply of workers, under-certification, and valuation of variation order works. The subcontract involved the construction of the double-track railway project for KTM in Johor, valued at approximately RM100 million.

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• Successfully obtained a High Court judgment in litigation brought by the main contractor against the employer for non-payment of works in the construction of machinery for rubber glove production. The judgment sum was RM3.5 million, with a total contract value of RM8 million.

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• Successfully defended an adjudication claim brought by a consultant against another consultant for RM3.1 million, based on alleged non-payment pursuant to a purported release letter.

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• Successfully resisted an appeal at the Court of Appeal on the legal issue of whether an assessment of damages can be undertaken without a prior finding of liability. The appeal arose from the wrongful imposition of a Prohibitory Order.

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• Successfully obtained a High Court order for the removal of a private caveat over a residential property in Klang, valued at approximately RM3.5 million.

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• Successfully obtained bankruptcy orders against guarantors arising from the non-payment of goods under a supply contract for construction materials worth RM2 million.

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Reported cases

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• Double Success Constructions Sdn Bhd v. Smart Glove Industries (Malaysia) Sdn Bhd; Technygroup Holdings (M) Sdn Bhd (Intervener) [2025] CLJU 1489

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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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• Queensway Nominees (Asing) Sdn Bhd & Ors v. ISM Sendirian Bhd & Another Case [2024] CLJU 2544 

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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  ​