Tan Eng Keat

On the court record

Engages summary judgment on guarantees under Order 14, the oppression jurisdiction under section 346 of the Companies Act 2016, and the proof of commercial debts for goods sold and delivered.

Tan Eng Keat's reported appearances, all in the High Court (Mahkamah Tinggi), engage guarantees, company oppression and the proof of commercial claims. As counsel for the plaintiff he acted on an application for summary judgment under Order 14 of the Rules of Court 2012, arising from guarantees and a debt-repayment agreement. The questions were whether the defendant had raised any bona fide triable issue; whether the guarantees and the debt-repayment agreement created personal liability; whether a certificate of indebtedness constituted conclusive evidence of the amount owing; whether a second guarantee was a continuing guarantee covering "any and all amount owing"; and how email correspondence bore on the dispute. Summary judgment on a guarantee is a common creditor's remedy, and the case illustrates the court's assessment of whether a guarantor has shown a genuine defence fit for trial.

As counsel for a defendant he acted in a minority-oppression matter under section 346 of the Companies Act 2016. The claim concerned the removal of the plaintiff as a director, and the court examined the company's constitution, whether there was a right in equity for the plaintiff to remain as a director, and whether the company was a quasi-partnership — noting that there was no provision in the constitution for permanent representation on the board. Allegations of mismanagement said to have led to the company's financial deterioration were weighed in deciding whether an oppression case was made out.

In a further matter, again for a defendant, he acted in a claim for goods sold and delivered, where the defendants denied receiving a substantial part of the goods. The court scrutinised deficiencies in the statement of claim and weaknesses in the evidence of delivery, including the need to prove the authenticity and contents of delivery orders by producing originals or calling evidence, in the absence of corroborated or contemporaneous carrier or delivery records. Across these matters, Tan Eng Keat's practice engages summary judgment on guarantees, the oppression jurisdiction and the proof of commercial debts.