Wai Chong Khuan
About Wai Chong Khuan
Wai Chong Khuan appears as counsel of record in 3 reported Malaysia judgments (2025–2026). These were heard before MYHC (2) and MYCOA (1).
On the court record
Engages the discipline of late amendment of pleadings, the strictness of the corporate veil, and the illegality and restitutionary consequences of void moneylending agreements.
Wai Chong Khuan's appearances in this corpus engage civil procedure, the corporate veil and moneylending illegality. As counsel for the plaintiff in the High Court (Mahkamah Tinggi), he acted in resisting an application for leave to amend a defence brought some nineteen months after the close of pleadings. The court weighed the factors that govern late amendment: whether there was a cogent explanation for the inordinate delay, with a change of solicitors and out-of-court settlement negotiations advanced as excuses; whether the application was made bona fide; and whether the proposed amendments were a tactical reconstruction designed to manufacture triable issues in response to a summary-judgment application. Late amendment of pleadings is scrutinised carefully where it appears calculated to defeat a summary process.
As counsel for a defendant he acted on an application to strike out under Order 18 rule 19 of the Rules of Court 2012, in a matter where the plaintiff's pleaded cause of action was directed at an alleged failure in the storage and safekeeping of goods that were destroyed. On the plaintiff's own pleadings that responsibility was attributed to one defendant, and there were no pleaded facts alleging fraud, sham or facade to justify lifting the corporate veil, the mere assertion of a single economic unit being insufficient for that purpose. The case illustrates the strictness with which the courts guard the separate legal personality of companies.
In the Court of Appeal (Mahkamah Rayuan) he acted as counsel for the respondent in a matter concerning a licensed moneylender and moneylending agreements under the Moneylenders Act 1951, engaging statutory illegality under section 24 of the Contracts Act 1950 and restitution under section 66 of the Contracts Act 1950 where an agreement is void ab initio. Across these matters, Wai Chong Khuan's practice engages the discipline of late amendment, the strictness of the corporate veil, and the illegality and restitutionary consequences of void moneylending agreements.
How many cases has Wai Chong Khuan appeared in?
Wai Chong Khuan appears as counsel of record in 3 reported Malaysia judgments (2025–2026).
Which courts does Wai Chong Khuan appear in?
Wai Chong Khuan appears before MYHC (2) and MYCOA (1).
How did the court approach the late amendment of the defence?
It weighed whether there was a cogent explanation for the nineteen-month delay after the close of pleadings, whether the application was bona fide, and whether the amendments were a tactical reconstruction to manufacture triable issues in response to a summary-judgment application.
Why did the corporate-veil argument fail on the strike-out application?
Because there were no pleaded facts alleging fraud, sham or facade to justify lifting the corporate veil, and the mere assertion of a single economic unit was insufficient, the pleaded responsibility resting on one defendant.