Tiew Kelly
About Tiew Kelly
Tiew Kelly appears as counsel of record in 3 reported Malaysia judgments (2024–2025). These were heard before MYHC (2) and MYCOA (1).
On the court record
Engages the reach of the contempt jurisdiction to non-parties, the abuse of winding-up processes under section 351 of the Companies Act 2016, and interlocutory injunctions under the American Cyanamid principles.
Tiew Kelly's appearances in this corpus engage contempt of court, the abuse of insolvency processes and interlocutory injunctions, several arising from linked proceedings. As counsel for the plaintiff in the High Court (Mahkamah Tinggi), he acted in a contempt matter concerning the liability of a non-party. The questions were whether a person who is not a party to a court order can be liable for contempt by knowingly aiding and abetting its breach; whether proof of the primary breach is a prerequisite to liability for aiding and abetting; and whether aiding-and-abetting liability can be established independently of the primary actor's own liability. Those questions define the reach of the contempt jurisdiction beyond the immediate addressees of an order, and its role in protecting the authority of the court.
In the Court of Appeal (Mahkamah Rayuan) he acted as counsel for appellants in a matter concerning the misuse of a company's winding-up process and statutory remedies under section 351 of the Companies Act 2016. The court's concern in such cases is to prevent the winding-up machinery from being deployed for a collateral or improper purpose rather than for the legitimate resolution of an insolvent company's affairs.
He also acted as counsel for a plaintiff in an application for an interlocutory injunction, where the court applied the American Cyanamid principles. The issues included the absence of a necessary party — a liquidator who had not been joined as a defendant — and leave to commence an action against the liquidator that was pending in another court, together with whether there was a serious question to be tried and where the balance of convenience lay, having regard to the potential impact on a turnkey construction agreement and the competing rights of many against the rights of a few. Across these matters, Tiew Kelly's practice engages the contempt jurisdiction, the abuse of winding-up processes and interlocutory injunctions.
How many cases has Tiew Kelly appeared in?
Tiew Kelly appears as counsel of record in 3 reported Malaysia judgments (2024–2025).
Which courts does Tiew Kelly appear in?
Tiew Kelly appears before MYHC (2) and MYCOA (1).
What contempt question concerned a non-party?
Whether a person who is not a party to a court order can be liable for contempt by knowingly aiding and abetting its breach, whether proof of the primary breach is a prerequisite, and whether aiding-and-abetting liability can be established independently of the primary actor's liability.
How did the court approach the interlocutory injunction?
By applying the American Cyanamid principles — whether there was a serious question to be tried and where the balance of convenience lay — while addressing the non-joinder of a liquidator as a necessary party and the impact on a turnkey construction agreement.