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David Tan Hong Kai

Presgrave & Matthews Called to the Bar in 2022 4 appearances

About David Tan Hong Kai

David Tan Hong Kai appears as counsel of record in 4 reported Malaysia judgments (2025–2026). These were heard before MYHC (2) and MYCOA (2).

On the court record

David Tan Hong Kai's reported practice is in company and commercial litigation, with a strand of judicial review, appearing in the High Court and the Court of Appeal and acting for applicants, plaintiffs, respondents and appellants.

His judicial-review work includes a High Court matter, in which he acted for applicants, seeking the release of share certificates held in connection with a criminal investigation, where a preliminary objection turned on the omission to name the Public Prosecutor and the responsible deputy public prosecutor as parties, said to render the application fundamentally flawed.

His company work includes a High Court suit concerning LITS Solutions Sdn Bhd, in which he acted for a plaintiff, arising from a dispute between the directors and equal shareholders of a company providing internet solutions, where one director was also the director and shareholder of a competing company he had established.

A further strand is contempt and the enforcement of court orders. In related Court of Appeal matters concerning the management of Global Tobacco Manufacturers, in which he acted for a respondent and then an appellant, the court upheld findings of contempt against parties who had breached an injunction prohibiting interference with the company's management — their conduct in issuing termination letters and convening an extraordinary general meeting having pre-empted the resolution of an ongoing suit — and reaffirmed that disobedience of a court order is contempt without proof of a specific intention to interfere. The practice is company, commercial and public-law litigation, with a recurring focus on the control of a company and on the consequences of defying the court's orders. Across these matters the common thread is a contest over who is entitled to run a company, and how the court's process and its orders are used to settle that contest. The disputes recur around the boundary between corporate control and the criminal process, and around the price of defying a court order.

4
Appearances
2022
Year of Call
1
Firm
No
Senior Counsel

How many cases has David Tan Hong Kai appeared in?

David Tan Hong Kai appears as counsel of record in 4 reported Malaysia judgments (2025–2026).

Which courts does David Tan Hong Kai appear in?

David Tan Hong Kai appears before MYHC (2) and MYCOA (2).

What does David Tan Hong Kai focus on in these decisions?

Company and commercial litigation with a strand of judicial review. His matters include a judicial review seeking the release of share certificates held in a criminal investigation, a company director dispute concerning LITS Solutions Sdn Bhd, and contempt proceedings concerning the management of Global Tobacco Manufacturers.

What was the judicial review about?

Acting for applicants, a challenge seeking the release of share certificates held in connection with a criminal investigation, where a preliminary objection turned on the omission to name the Public Prosecutor and the responsible deputy public prosecutor as parties, said to render the application fundamentally flawed.

What did the contempt matters concern?

Related Court of Appeal matters concerning the management of Global Tobacco Manufacturers, in which he acted for a respondent and then an appellant. The court upheld findings of contempt against parties who had breached an injunction prohibiting interference with the company's management — by issuing termination letters and convening an extraordinary general meeting — and reaffirmed that disobedience of a court order is contempt without proof of a specific intention to interfere.

Practice Areas (from case appearances)

Counsel Applicant (1)

Counsel Plaintiff (1)

Counsel Respondent (1)

Counsel Appellant (1)