Koay Jun Hui

On the court record

Koay Jun Hui appears in the corpus in contract, succession and civil-procedure disputes, argued in the High Court (Mahkamah Tinggi) and the Court of Appeal (Mahkamah Rayuan). One Court of Appeal matter, appearing for the respondent, concerned the doctrine of frustration: whether an agreement for the acquisition of shares had been frustrated when the Ministry of Finance cancelled the funds that the purchasing entity needed in order to pay for the shares, the agreement making no provision for that eventuality, and whether performance had become impossible under section 57 of the Contracts Act 1950 so that the agreement was void and the deposit refundable under section 66, together with whether a condition precedent requiring government approval in a particular clause had been fulfilled. A second matter, in the High Court and appearing for the plaintiff, was a succession and probate dispute over an intestate estate, engaging the grant of letters of administration, the administrator's fiduciary duties and statutory duty to account, a deed of distribution and family arrangement, the renunciation of an interest, the doctrines of approbate and reprobate and of election, the vesting of an interest eo instanti upon death, and questions of limitation and laches in an uncompleted administration. A third matter, appearing for the defendant, concerned the formation of a contract: whether a letter of appointment expressed to be 'subject to contract', with essential terms left to be finalised, gave rise to an enforceable agreement or was a mere agreement to agree, whether a contractor's CIDB Grade G3 licence made it legally and commercially impossible to award a sub-contract exceeding the licensed limit, and whether a claim for loss of profit based on a speculative margin had been strictly proved. Across the appearances the practice combines contract formation and frustration with the administration of estates and the strict proof of damages.