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Foong Kar Yee

Dennis Nik & Wong Called to the Bar in 2020 5 appearances

About Foong Kar Yee

Foong Kar Yee appears as counsel of record in 5 reported Malaysia judgments (2024–2026). These were heard before MYHC (4) and MYCOA (1).

On the court record

Foong Kar Yee's reported practice is centred on insolvency and company litigation, with a substantial line of estate and probate work, appearing mainly in the High Court and also in the Court of Appeal. Across the matters she acts for petitioners, plaintiffs, respondents and defendants.

A strong strand is winding-up and creditor remedies. In a High Court matter concerning a company that admitted a debt exceeding thirty million ringgit arising from an arbitration award and court orders, she acted for the respondent on an application to pay the petition debt by instalments under an unless order, where the court considered its jurisdiction under sections 469(1)(c) and 469(3) of the Companies Act 2016 and whether an admitted inability to pay a lump sum amounted to commercial insolvency fatal to the application. She has also acted for a petitioner seeking to wind up a company under section 465(1)(f) and (h) of the Companies Act 2016.

A second strand is estate and probate litigation. She acted for a plaintiff in a dispute over administrators appointed pendente lite, engaging section 19 of the Probate and Administration Act 1959, the requirement of leave to sue court-appointed officers, and the locus standi of a beneficiary under a disputed will. In a related area she appeared for a defendant in a suit challenging the validity of several wills, on grounds of due execution, testamentary capacity and suspicious circumstances.

Her company work also reaches liquidation disputes: acting for a respondent, she was involved in a Court of Appeal matter concerning an attempt to set aside a liquidator's decision to sell company assets at an alleged undervalue, and whether section 517 of the Companies Act 2016 could be used to set aside a prior court order made under section 487(3). The practice is insolvency, company and succession litigation, and much of it turns on the procedural gateways — leave to sue, standing, and the court's supervisory jurisdiction over its own officers — that control who may bring or resist such claims and when.

5
Appearances
2020
Year of Call
1
Firm
No
Senior Counsel

How many cases has Foong Kar Yee appeared in?

Foong Kar Yee appears as counsel of record in 5 reported Malaysia judgments (2024–2026).

Which courts does Foong Kar Yee appear in?

Foong Kar Yee appears before MYHC (4) and MYCOA (1).

What is Foong Kar Yee's main practice area?

Insolvency and company litigation, with a significant strand of estate and probate work. Her matters include winding-up petitions and instalment arrangements under the Companies Act 2016, a dispute over administrators pendente lite under the Probate and Administration Act 1959, a challenge to the validity of wills, and a liquidator's asset-sale dispute.

What was the winding-up instalment matter about?

It concerned a company that admitted owing more than thirty million ringgit under an arbitration award and court orders and sought to pay the petition debt by instalments under an unless order. The court considered its jurisdiction under sections 469(1)(c) and 469(3) of the Companies Act 2016 and whether the admitted inability to pay a lump sum was itself evidence of commercial insolvency.

What estate-related issues has she litigated?

They include the appointment and control of administrators pendente lite under section 19 of the Probate and Administration Act 1959, the leave required to bring proceedings against such court-appointed officers, the standing of a beneficiary under a disputed will, and a separate challenge to the validity of several wills based on execution, testamentary capacity and suspicious circumstances.

Practice Areas (from case appearances)

Counsel Respondent (2)

Counsel Plaintiff (1)

Counsel Defendant (1)

Counsel Petitioner (1)