Rex Kuan Kai Tat
About Rex Kuan Kai Tat
Rex Kuan Kai Tat appears as counsel of record in 4 reported Malaysia judgments (2023–2025). These were heard before MYCOA (2) and MYHC (2).
On the court record
The reported matters span restitution, banking and Islamic-finance, and copyright work, grounded in High Court and Court of Appeal judgments.
Rex Kuan Kai Tat's reported matters cover contract and restitution, banking and Islamic finance, and intellectual property, argued in the High Court and the Court of Appeal. A restitution decision arose from a claim for payment for ad-hoc services rendered, where the question was whether the principle and conditions of quantum meruit under section 71 of the Contracts Act 1950 applied in the absence of a contractual agreement. Appearing for the appellant, the Court of Appeal held that the appellant had failed to establish a legal basis for its claim and had not discharged its burden of proof, dismissed the appeal and affirmed the High Court with costs of RM30,000.
Banking and Islamic finance feature in two matters. In one he appeared for the plaintiff, an estate administrator, in a claim concerning Al-Mudharabah investment certificates said to be prima facie evidence of sums held by a bank, where the issues included the burden of proof and the presumption of payment after a considerable lapse of time, given a delay of some twenty-two years. In another he appeared for a defendant resisting a bank's application for summary judgment, where the questions were whether there was a manifest error in the certificate of indebtedness and whether triable issues arose; the Court found no credible defence and allowed summary judgment.
Intellectual property completes the profile. In a Court of Appeal matter concerning summary judgment for copyright infringement over unlicensed copies of software, where the issues included locus standi and how the infringing entity was pleaded, he appeared for the respondent. A thread across these decisions is the proof and resistance of monetary and proprietary claims, from a restitutionary claim without a contract and a long-dormant deposit, to the enforcement of a facility and the protection of software copyright, argued in the High Court and before the Court of Appeal of Malaysia.
How many cases has Rex Kuan Kai Tat appeared in?
Rex Kuan Kai Tat appears as counsel of record in 4 reported Malaysia judgments (2023–2025).
Which courts does Rex Kuan Kai Tat appear in?
Rex Kuan Kai Tat appears before MYCOA (2) and MYHC (2).
What areas of law feature in Rex Kuan Kai Tat's reported cases?
They include contract and restitution (quantum meruit under section 71 of the Contracts Act 1950), banking and Islamic finance including Al-Mudharabah investment certificates and a summary judgment on a facility, and intellectual property in a software-copyright claim.
What did the Court of Appeal decide in the quantum meruit appeal?
Appearing for the appellant, the Court held it had failed to establish a legal basis for its claim for ad-hoc services and had not discharged its burden of proof, dismissed the appeal and affirmed the High Court with costs of RM30,000.
What was distinctive about the Islamic-finance matter?
It concerned Al-Mudharabah investment certificates said to be prima facie evidence of sums held by a bank, and engaged the burden of proof and the presumption of payment after a considerable lapse of time, given a delay of some twenty-two years; he appeared for the plaintiff estate administrator.