Tan Eng Seng
About Tan Eng Seng
Tan Eng Seng appears as counsel of record in 5 reported Malaysia judgments (2025). These were heard before MYCOA (3) and MYHC (2).
On the court record
Tan Eng Seng's reported practice is in commercial and company litigation, with a recurring interest in disputes where the true nature of a transaction is in question, appearing in the High Court and the Court of Appeal and acting for appellants and defendants.
A distinct group of Court of Appeal matters, in which he acted for the appellants including AJ Kasturi Sdn Bhd and MA Joseph Capital Sdn Bhd, concerned whether sale and purchase of land transactions were sham transactions disguising illegal moneylending. The appeals raised whether it is appropriate for the court to scrutinise the documents and the underlying transaction where illegal moneylending is alleged, the application of the doctrines of in pari delicto and ex turpi causa non oritur actio, and whether the trial court was plainly wrong — the kind of case that turns on looking behind the form of a contract to its substance.
He also acts in shareholding and share-transfer disputes. Acting for defendants in a High Court matter, the case concerned an allegation that a signature on a share transfer form was forged, where the plaintiff bore the burden of proving forgery but failed to call a handwriting expert, and whether the execution of the transfer form and delivery of the certificate were sufficient to divest the plaintiff of her interest, including whether she held the shares as a nominee.
His commercial work extends to joint ventures. Acting for defendants in a dispute over a joint venture agreement, he was engaged on an allegation of failure to incorporate a joint venture company and advance funds within an agreed timeline, met by arguments of waiver and acceptance of delayed performance, a counterclaim, and questions of privity of contract and damages. The practice is commercial, company and contract litigation, weighted towards the substance-over-form disputes that decide whether an arrangement is what it claims to be.
How many cases has Tan Eng Seng appeared in?
Tan Eng Seng appears as counsel of record in 5 reported Malaysia judgments (2025).
Which courts does Tan Eng Seng appear in?
Tan Eng Seng appears before MYCOA (3) and MYHC (2).
What kinds of cases does Tan Eng Seng handle?
Commercial and company litigation, including Court of Appeal matters on whether land sale and purchase transactions were sham transactions disguising illegal moneylending, a share-transfer forgery dispute, and a joint venture agreement claim. He acted for appellants including AJ Kasturi Sdn Bhd and MA Joseph Capital Sdn Bhd and for defendants such as TP3 Resources Sdn Bhd.
What was in issue in the sham-transaction appeals?
Whether sale and purchase of land transactions were genuine or shams disguising illegal moneylending, whether the court should scrutinise the documents and the underlying transaction where such lending is alleged, the application of the doctrines of in pari delicto and ex turpi causa non oritur actio, and whether the trial court was plainly wrong.
What did the share-transfer dispute concern?
An allegation that a signature on a share transfer form was forged. The plaintiff bore the burden of proving forgery but did not call a handwriting expert, and the court considered whether the execution of the transfer form and delivery of the share certificate were sufficient to divest the plaintiff of her interest and whether she held the shares as a nominee. He acted for defendants.