T.Y. Teh & Partners

On the court record

T.Y. Teh & Partners is a Malaysian firm whose reported matters before the High Court (Mahkamah Tinggi) and the Court of Appeal (Mahkamah Rayuan) are concentrated in company, insolvency, legal-profession and civil-procedure litigation. In the corporate field it has appeared in statutory derivative actions, addressing applications for leave to commence proceedings on behalf of a company under sections 347 and 348 of the Companies Act 2016, whether such an application was barred by res judicata or amounted to a multiplicity of proceedings, and compliance with the notice requirement in section 348(2). Its insolvency work includes an application to set aside a bankruptcy notice on the ground that the decision on which it was premised was neither final nor conclusive, and the principle that the leave of the court is required before an action may be commenced against the liquidator of a wound-up company, so that an originating summons filed without leave is incompetent.

The firm's civil-procedure and professional-discipline practice is substantial. It has appeared in committal proceedings for contempt following the grant of leave to commence such proceedings, in an application to convert an originating summons into a writ under Order 28 Rule 4 of the Rules of Court 2012 where a serious dispute of fact was said to arise, and in a legal-profession matter under the Legal Profession Act 1976 concerning a breach of a solicitor's undertaking and whether the disciplinary board had erred in dismissing the complaint under section 100(3)(a), and whether appellate interference was warranted.

The reported profile is that of a commercial-litigation practice engaged with derivative actions and the standing of complainants, the bankruptcy and leave-to-sue-liquidator questions at the heart of insolvency practice, committal for contempt, and the discipline of solicitors, with a consistent focus on the procedural prerequisites, notice, leave and finality, that govern each of these proceedings.