Tan Chuan Yi
About Tan Chuan Yi
Tan Chuan Yi appears as counsel of record in 3 reported Malaysia judgments (2025). These were heard before MYHC (2) and MYCOA (1).
On the court record
Engages the Fortuna-injunction jurisdiction over disputed debts, discovery in aid of setting aside an award, and the control of a liquidator's dealings with company assets under the Companies Act 2016.
Tan Chuan Yi's appearances in this corpus engage insolvency, arbitration-related civil procedure and company law. As counsel for the plaintiff in the High Court (Mahkamah Tinggi), he acted in a matter combining a "Fortuna injunction" with the threatened winding up of the plaintiff. A Fortuna injunction restrains a creditor from presenting or advertising a winding-up petition where the underlying debt is genuinely disputed. The court, in Malay, addressed whether "hutang yang dituntut itu masih dalam pertikaian dan pertikaian itu adalah bona fide" (the debt claimed remained in dispute and the dispute was bona fide), the principle permitting a Fortuna injunction, and whether a statutory notice of demand was an appropriate course, together with whether the defendant could prove that the plaintiff was unable to pay its debts.
In a further matter he acted for a plaintiff on a discovery application filed in support of an originating summons to set aside a final appeal award issued by an industry appeal board, the question being whether the documents sought were relevant and necessary to that challenge. That is a familiar interlocutory battleground where a party seeks to set aside an arbitral or quasi-arbitral award and looks to discovery to support its case.
In the Court of Appeal (Mahkamah Rayuan) he acted as counsel for the appellant in a company matter concerning the setting aside of a liquidator's decision to sell the assets of a company, on an allegation that the sale was at an undervalue. The questions were whether court approval under section 487(3) of the Companies Act 2016 was required, and whether section 517 might be used to set aside a prior order of court granted under section 487(3). Across these matters, Tan Chuan Yi's practice engages the Fortuna-injunction jurisdiction and disputed debts, discovery in aid of setting aside an award, and the control of a liquidator's dealings with company assets.
How many cases has Tan Chuan Yi appeared in?
Tan Chuan Yi appears as counsel of record in 3 reported Malaysia judgments (2025).
Which courts does Tan Chuan Yi appear in?
Tan Chuan Yi appears before MYHC (2) and MYCOA (1).
What is a Fortuna injunction, and how did it feature?
It restrains a creditor from presenting or advertising a winding-up petition where the debt is genuinely disputed; the court considered whether the "hutang" (debt) claimed remained in bona fide dispute and whether a statutory notice of demand was appropriate.
What company-law question arose in the Court of Appeal?
Whether a liquidator's sale of company assets, alleged to be at an undervalue, required court approval under section 487(3) of the Companies Act 2016, and whether section 517 could be used to set aside a prior court order granted under section 487(3).