Kelvin Seet
Wan Nam

Practice Focus

Kelvin’s practice extends across a broad range of litigation. As an advocate and a contributing author to the Annotated Companies Act 2016, Kelvin started out, and has been actively involved, in company law. The other key area of his practice is professional negligence concerning auditors. He is often engaged to defend audit firm and advise on audit regulatory issues.

 

Kelvin has been instructed to advise and act in numerous complex corporate, commercial and civil litigation, including director and shareholder disputes, joint venture disputes, liquidation, receivership, judicial management, corporate fraud, prospectus liability, market manipulation, real estate disputes, tort and construction. He has also been involved in capital market and securities law. In particular, he advised and defended clients in civil and regulatory enforcement actions by the regulators for fraud and market manipulation as well as charges of false and misleading statements in prospectus. He also acts for the regulator in enforcement action against defaulting listed corporations.

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Experience and Credentials

Kelvin has been involved in the following cases relating to:

• Fraudulent trading: Universal Health Care (R&D) Sdn Bhd (formerly known as SSI Health Care Sdn Bhd v Ramli Bin Md Saleh & Ors [2023] MLJU 1783 (HC)

• Lifting the corporate veil of property developer in an action by purchasers: Toh Shu Hua & Ors v Wawasan Rajawali Sdn Bhd & Anor [2023] 8 MLJ 860 (HC)

• Enforcement action by regulator against defaulting listed corporation: Bursa Malaysia Securities Berhad v Serba Dinamik Holdings Berhad [2022] MLJU 1999 (HC)

• Minority shareholder’s oppression action: Ng How Shen v Ng How Ann dan Lain-lain [2022] MLJU 87 (HC)

• Just and equitable winding up: WTWT Sdn Bhd v Lysaght (Malaysia) Sdn Bhd & Anor [2021] MLJU 57 (HC)

• Application for inquiry under Mental Health Act 2021: Ng Pik Lian v Tai May Chean & Anor and other appeals [2022] 2 MLJ 950 (CA)

• Challenging liquidator’s decision on proof of debt: Sunrise Megaway Sdn Bhd (in liquidation) v Kathryn Ma Wai Fong [2021] 3 MLJ 602 (CA)

• Continued supply of essential service to company under receivership: Boulevard Plaza Sdn Bhd (appointed receiver and manager) v Gas District Cooling (Putrajaya) Sdn Bhd & another appeal [2021] 1 MLJ 391 (CA)

• Duties and liabilities of reporting accountants in corporate bond issue: Maybank Trustees Bhd (formerly known as Aseambankers Malaysia Bhd) v Amtrustee Bhd & Ors and other appeals [2020] 4 MLJ 405 (CA)

• Discontinuance of action on terms: CIMB Investment Bank Berhad v Ernst & Young & Anor [2020] MLJU 1450 (HC)

• Locus standi issue in minority shareholder’s oppression action: Gue See Sew & Ors v Heng Tang Hai & Ors [2020] MLJU 46 (HC)

• Validity of trust arrangement between shareholders: Heng Tang Hai & Anor v Dr Gue See Sew & Ors [2019] MLJU 1709 (HC)

• Rebutting presumption of insolvency in winding up: SSM Management Sdn Bhd v Aeon Big (M) Sdn Bhd [2019] 4 MLJ 826 (CA) 

• Issue of public interest immunity in discovery of documents: Ernst & Young (sued as a firm) v SJ Asset Management Sdn Bhd (in liquidation) & Anor [2019] 3 MLJ 795 (CA)

• Minority shareholder’s oppression action: WTWT Sdn Bhd v Chew Meu Jong & Ors [2019] MLJU 1236

• Injunction restraining shareholders’ meeting: Tan Than Kau & Anor v RHB Nominees (Asing) Sdn Bhd & Ors [2019] 1 LNS 1271 (HC)

• Direct claim by subcontractor against employer in construction project: Bond M & E Sdn Bhd v Golden Oriental Realty Sdn Bhd [2019] MLJU 1707 (HC); Golden Oriental Realty Sdn Bhd v Bond M & E Sdn Bhd [2020] 1 LNS (O) 12 (CA)

• Just and equitable winding up of deadlocked family company: Tai Hean Leng @ Tek Hean Leng v New Future Capital Sdn Bhd [2018] MLJU 1599 (HC)

• Pre-action discovery: Yap Sin Moy v Pembinaan YSL Sdn Bhd & Ors [2018] MLJU 953 (HC)

• Challenging liquidator’s decision on proof of debt: Lim Chiew v Siteman Construction Sdn Bhd (Lee Chao Yong, applicant) [2017] 11 MLJ 307 (HC)

• Derivative action against directors for breach of fiduciary duties: Tan Sri Datuk Tee Hock Seng & Ors v Lee Kin Tong @ Lee King Hoon & Ors [2017] MLJU 1116 (CA)

• Conflict between shareholders’ agreement and articles of association: Qatar Islamic Bank v Asian Finance Bank Bhd & Ors [2015] 7 MLJ 445 (HC)

• Interpretation of shareholders’ class rights under articles of association: WTWT Sdn Bhd v Chew Bros (Malaysia) Sdn Bhd & Ors [2015] 5 CLJ 426 (HC)

• Misrepresentation in sale and purchase of property: Chan Yew Mun v Faber Union Sdn Bhd [2015] MLJU 274 (HC)

• Amendment of memorandum and articles of association: Expo Holdings Sdn Bhd & Ors v Toyo Ink Group Bhd [2014] 10 MLJ 674 (HC)

• Vicarious liability of fund manager for employee’s fraud: Zurich Insurance (M) Bhd (formerly known as Malaysian Assurance Alliance Bhd) v AmTrustee Bhd & Anor (Meridian Asset Management Sdn Bhd, third party) and another suit [2014] 1 MLJ 736 (HC)

• Removal of liquidator: Code Brilliant Sdn Bhd & Ors v Heng Ji Keng & Ors [2014] 6 CLJ 502 (HC)

• Auditor’s liability in claim for false and misleading prospectus: Dato’ Ariff Wan Hamzah & Ors v HwangDBS Investment Bank Berhad [2013] 1 MLJ 526 (HC)

• Reporting accountant striking out claim for negligence in restructuring scheme: Maxbiz Corporation Bhd & Anor v Public Investment Bank Bhd & Ors [2012] MLJU 33

• Auditor’s duty of care to investors: CIMB Investment Bank Berhad v Ernst & Young [2012] MLJU 1313 (HC)

• Chairman’s power to adjourn general meeting: Primus (M) Sdn Bhd v EON Capital Bhd [2011] 9 MLJ 828 (HC)

• Interpretation of arbitration clause: Lembaga Pelabuhan Kelang v Kuala Dimensi Sdn Bhd and another appeal [2011] 2 MLJ 606 (CA)

• Interpretation of power of attorney: Tai Swee Kian v Tay Boo Thiah @ Tai Boo Ting & Ors [2011] MLJU 1013 (HC)

• Audit negligence: Wong Soon Fong (Liquidator of EKD Construction Sdn Bhd) v Ernst & Young [2011] 1 LNS 1032

• Striking out derivative action against directors: Shamsul Bin Saad v Tengku Dato’ Ibrahim Petra Bin Tengku Indra Petra & Ors [2010] 4 MLJ 37

• Election of directors at annual general meeting: Che Nariza Hajjar Hashim v Petra Perdana Berhad [2010] MLJU 1196 (HC)

• Claim for professional fee by real estate agent: Pevindran Sathugasinghe v Faber Group Berhad [2010] 1 LNS 1791

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