Michael Yap

Michael Yap

Senior Associate

Biography

Michael has a keen interest in banking, bankruptcy, commercial, construction, corporate insolvency, land, probate and securities disputes. He also has experience in other methods of alternative dispute resolution including arbitration, and adjudication under the Construction Industry Payment and Adjudication Act, 2012.

Michael acted as junior Counsel in one of the largest bond disputes in Malaysia with a value exceeding RM290 million, brought by bondholders against the issuer, lead arranger, underwriter, trustee and professional advisors (including valuation, reporting and monitoring accountants).

Michael also assisted Alan Gomez as junior in a complex commercial arbitration involving a textbook concession, with an amount of dispute exceeding RM118 million. He also acted as junior in a suit brought by a prominent billboard company against the local authority for breach of a concession agreement, claiming for losses of profit totalling RM63 million. He also advises a highway concessionaire on its rights pertaining to land acquisition and compensation matters.

Michael is also involved in one of the largest bankruptcy matters filed in the Kuala Lumpur High Court, having an admitted proof of debt of approximately RM396 million. He also has vast experience in handling matters pertaining to housing loans at trial, and had succeeded in entering summary judgments against the borrowers and in striking out their counterclaims running into millions of Ringgit.

In construction, Michael acts for a number of listed construction companies in both litigation and adjudication proceedings. Some of his notable engagements include, amongst others, in advising clients on claims for loss and expense relating to a fallen MRT viaduct span which resulted in fatalities; in advising clients on legal issues arising out of a work package for the LRT project, and in obtaining a judgment in excess of RM1.8 million against the sub-contractor, architect and project manager for over-claiming amounts that were due and owing under a construction contract.

Having had the privilege of mooting before Lord Kerr, Justice of the UK Supreme Court, in 2012, Michael was commended by His Lordship for showing "startling promise as advocate and exhibit tremendous aptitude."

Michael is available to accept instructions on all areas within the firm’s practice.

Publication

Michael Yap Chih Hong, Medical Treatment of Children – Who Decides when Doctors and Parents Disagree? (2013) 1 Leeds Journal of law and Criminology 31 (this article was reproduced in The New Jurist)

One of the contributing editors of the Malaysian Civil Procedure 2018, and the Admiralty chapter of Bullen & Leake & Jacob’s Malaysian Precedents of Pleadings