Wan Muhammad Amin bin Wan Yahya

On the judicial record

A High Court judge with a firm command of company, insolvency, insurance and securities-regulation law, from minority oppression to insider trading.

Justice Wan Muhammad Amin bin Wan Yahya sits in the High Court (Mahkamah Tinggi), and the reported decisions in this corpus are strongly commercial, with company law, insolvency, insurance and securities regulation prominent. Minority-oppression claims under section 346 of the Companies Act 2016 recur, including the threshold question of whether a company is a family-owned quasi-partnership where its articles contain no family-specific provisions, and complaints that members' resolutions or board appointments breached the company's constitution.

Corporate rescue and insolvency feature through a scheme-of-arrangement sanction application under section 366 of the Companies Act 2016 involving foreign companies, applying the sufficient-connection test and examining creditor classification and fair representation, and through the appointment of a private liquidator under sections 482 and 521, where the wishes of creditors voting by value prevailed over those of contributories. Construction-related insolvency arises through Fortuna injunctions restraining a winding-up petition founded on a statutory notice under the Construction Industry Payment and Adjudication Act 2012 and section 466 of the Companies Act 2016.

Insurance disputes are a distinct strand, including a claim alleged by the insurer to be fraudulent, decided on the totality of conflicting forensic evidence, and a life-insurance claim turning on the pre-contractual duty of disclosure under Schedule 9 of the Financial Services Act 2013 and alleged deliberate or reckless misrepresentation of a medical condition. Securities regulation appears through an insider-trading prosecution under section 188 of the Capital Markets and Services Act 2007, proved on circumstantial evidence. Striking-out applications engaging the rule in Foss v Harbottle and reflective loss, where a counterclaimant was neither a registered nor a beneficial shareholder, round out a sophisticated commercial docket, as do disputes over administrators pendente lite under section 19 of the Probate and Administration Act 1959 and the leave required to sue court-appointed officers. The corpus reflects a High Court judge with a firm command of company, insolvency, insurance and financial-services law, resolving each dispute on close construction of the governing statute and the instruments before the court.