Gary, Clarence & Partners
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Gary Hwang Zhi Lit

Litigation · Construction · Corporate & Commercial

Gary is a litigation lawyer with a focus on construction, corporate and commercial disputes. He has represented individuals, SMEs, developers and large corporations in a broad range of complex and contentious matters across these areas.

In construction disputes, Gary has represented both developers and contractors in adjudication proceedings under the Construction Industry Payment and Adjudication Act 2012 (CIPAA), as well as in arbitration proceedings. His experience includes advising and representing clients in disputes arising from construction contracts, payment claims, delay and other project-related issues.

In commercial litigation, Gary has acted in disputes involving debt recovery, fraud and asset recovery, breaches of trust—including knowing receipt and knowing assistance—constructive and resulting trusts, and equitable tracing. His experience also extends to disputes concerning indefeasibility of title, competing caveats, housing development claims, tortious claims, defamation and judicial review.

Gary also has experience in company and shareholder disputes, including matters involving breaches of directors’ and fiduciary duties, minority oppression, derivative actions, judicial management, receivership and other corporate and post-winding-up disputes.

Experience/Highlights

Construction / Adjudication & Arbitration / Projects, Infrastructure & Energy

  • Advised and acted for a public listed company, one of the pioneers and largest players in the flour milling and plantation industry in Malaysia, in successfully defending a RM65.94 million claim brought by a Korean-based international construction company in an adjudication proceeding under CIPAA 2012. The CIPAA decision rendered in favour of the client was subsequently affirmed by the Kuala Lumpur High Court.
  • Advised and acted for a China-based international developer in an arbitration proceeding involving a construction dispute under the PAM Contract 2006 (Without Quantities) against a Russian-based group developer and a multinational property developer in Malaysia, concerning a claim of RM17,824,895.07.
  • Advised and acted for one of the leading waterproofing suppliers and applicators in Malaysia in an arbitration proceeding involving a construction dispute under a bespoke construction agreement, read together with the PAM Sub-Contract 2006, against a Japan-based international waterproofing supplier, concerning a claim of RM1,833,483.52.
  • Acted for various local and international construction contractors in successfully recovering a cumulative total of approximately RM50,000,000.00 from non-paying parties through adjudication proceedings under CIPAA 2012.
  • Acted for various local and international construction contractors in enforcing favourable CIPAA decisions and resisting challenges to set aside or stay such decisions. A notable case involved successfully resisting an attempt to set aside a CIPAA decision on technical grounds relating to non-service of the Payment Claim, as reported in JCIS Construction Sdn Bhd v. Megamas Builders Sdn Bhd [2023] 1 LNS 2679.
  • Acted for one of Malaysia’s leading property developers in recovering a performance guarantee of RM7,800,000.00 from the directors of a construction contractor company. The case is reported as Granstep Development Sdn Bhd v. Tan Chong Heng & Ors [2024] MLJU 1052.

Company Law & Corporate Litigation

  • Acted for a leading firm of chartered accountants and private liquidators in defending a challenge by a former director against the validity of a members’ voluntary winding-up of a developer company. The High Court upheld the validity of the winding-up, as reported in Zed Enterprise (M) Sdn Bhd v. Ungku Amir Ungku Suliman & Other Case [2021] 1 LNS 875. The decision was subsequently affirmed by both the Court of Appeal and the Federal Court.
  • Acted for a minority shareholder in a construction quantity surveying firm in twin proceedings: one involving a minority oppression suit commenced against the majority shareholders, and the other defending a claim by the majority shareholders for alleged breach of an incorporation agreement, fiduciary duties and breach of trust.
  • Acted for a director and shareholder of Sanjung Cekap Sdn. Bhd., a property development company, in resisting a derivative action brought by the company involving a claim of RM1,749,400.64.
  • Acted for several shareholders in a share sale dispute involving Pasukhas Group Berhad, concerning a disputed sum of RM2,362,146.20.
  • Acted as junior counsel for JME Capital Group Limited, a Hong Kong-based international investment holding company, in an action against its Malaysian subsidiary, the subsidiary’s directors, and their agents for fraud, breach of trust, and conspiracy to injure. The dispute concerned the wrongful issuance and allotment of shares to the local directors and their agents, as well as the misappropriation of company assets. The holding company ultimately succeeded in recovering all wrongfully issued and allotted shares from the directors and their agents.
  • Acted as a junior counsel for a major shareholder in a fraud and asset recovery exercise, including a challenge against the judicial management of one of the leading plastic manufacturing companies in Malaysia.
  • Acted for a series of creditors in winding-up proceedings against public listed companies and private companies based on Court judgments/orders, CIPAA decisions and admissions of debt. One of the cases is reported as Zone Architect v. Matrix Treasure Sdn Bhd & Ors [2022] 1 LNS 970.

Commercial Litigation

  • Acted for Spanish businessman, Emmanuel Enrique Rubio Gonzalez, in successfully recovering a stolen Richard Mille watch valued at approximately RM1,500,000.00 by establishing his legal and beneficial ownership against a subsequent third-party purchaser in Court.
  • Acted for a minority shareholder in a construction quantity surveying firm in a defamation suit against the majority shareholder. A key issue in the litigation concerned the mandatory requirement to translate the defamatory remarks into the national language. In a rare outcome, the Court did not strike out the suit for lack of translation but was persuaded to allow an amendment to include the necessary translations. The case is reported as Lim Sek Cheon v. Ng Kah Seng @ Ng Kai Seng [2024] MLJU 3160.
  • Advised and acted for a public listed construction developer based in Penang in a dispute with the management committee of a commercial area, seeking to invalidate and nullify the appointment of the current committee members and to compel the convening of an annual general meeting for the election of new committee members.
  • Advised and acted for a Japan-based aluminium company in Malaysia in a dispute against one of the largest insurance companies in the country, concerning an insurance claim arising from a gas-pipe explosion involving a major PETRONAS Gas Berhad pipeline near Putra Heights, Subang Jaya, Selangor Darul Ehsan.
  • Advised and acted for a public-listed property developer and its group of companies in a dispute with the residents’ association of a neighbourhood community within a major township development in Negeri Sembilan, concerning approvals for the construction and use of a guardhouse, perimeter fencing, and boom gate.
  • Advised and acted for Leyo Holdings Sdn. Bhd., one of the largest furniture manufacturing companies in Malaysia, in a dispute against a local furniture manufacturer and exporter, involving breaches of licensing agreement and the wrongful use of its intellectual property.
  • Acted for an international bunker trading company in an international arbitration proceeding concerning a maritime dispute arising from a contract for the sale and supply of fuel oil in Malaysia, involving a claim of USD441,000.00.
  • Acted for the subsidiary of one of the largest conglomerates in Malaysia in resisting an action challenging the indefeasibility of title of a land owned by one of its companies, Cashtact Sdn. Bhd., pursuant to Sections 340(2) and 340(3) of the National Land Code. The action was ultimately resolved in favour of the company. One of its related cases is reported as R Prakash Ramachandran & 1 Ors v. Heyu Tong Tian & Ors [2023] 1 LNS 920.
  • Advised and acted for the joint management body of a commercial property in challenging the validity and legality of the transfer of more than 300 car parks (i.e., being accessory parcels that should form part of the common property) to a single parcel owner operating an independent car park business.
  • Advised and acted for a public-listed property developer and its subsidiary in tenancy disputes involving one of its renowned shopping malls and commercial properties in Petaling Jaya.

Selected reported cases

  1. Toling Corporation (M) Sdn Bhd v Richard Kuok-Onn Khong & Ors[2020] 1 LNS 935
  2. Zed Enterprise (M) Sdn Bhd (In Members’ Voluntary Liquidation) v Ungku Amir Bin Ungku Suliman & Other Case[2021] 1 LNS 87
  3. Zone Architect v Matrix Treasure Sdn Bhd & Ors[2022] 1 LNS 970
  4. R Prakash Ramachandran & 1 Ors v Heyu Tong Tian & Ors[2023] 1 LNS 920
  5. JCIS Construction Sdn Bhd v Megamas Builders Sdn Bhd[2023] 1 LNS 2679
  6. Granstep Development Sdn Bhd v Tan Chong Heng & Ors[2024] MLJU 1052
  7. Lim Sek Cheon v Ng Kah Seng @ Ng Kai Seng[2024] MLJU 3160