Yiew De Quan

On the court record

A general civil and commercial litigation practice weighted toward contract, property and commercial disputes.

Yiew De Quan practises in civil and commercial litigation, appearing across the High Court (Mahkamah Tinggi) and the Court of Appeal (Mahkamah Rayuan), with the reported decisions recording appearances as defendant, plaintiff and respondent. The caseload is contract, property and commercial. Contract disputes recur, including the termination of a dealership agreement, and there is land and tenancy work alongside general commercial claims.

A distinctive procedural strand concerns the conduct of the litigation itself: the reported matters include an application to disqualify the opposing party's legal team, a question about conflict of interest and the integrity of representation, together with evidential questions such as the adverse-inference provision in "seksyen 114(g) Akta Keterangan 1950" (section 114(g) of the Evidence Act 1950). Appearing on both sides of the record, the practice is instructed in enforcing and resisting commercial and property claims, and in the interlocutory contests that shape them.

The work turns on the construction of agreements and on the principles of civil procedure and evidence. In the dealership matters the argument concerns whether the agreement was validly terminated and the consequences of termination; in the disqualification matter whether a conflict requires the removal of the opposing lawyers; and in the land and tenancy matters the parties' respective rights. The evidential arguments, including the adverse inference where evidence is withheld, run through the contested trials. Several matters are related appeals arising from a single underlying dispute.

The overall profile is a general civil and commercial litigation practice conducted at first instance and on appeal, weighted toward contract, property and commercial disputes, with a recurring procedural and evidential dimension. The matters turn on the construction of agreements, the rules governing representation and evidence, and the principles of property and tenancy law, rather than on any criminal or public-law element. The related-appeal character of several matters means the practice includes the coordinated conduct of connected proceedings arising from one commercial relationship.