Tan Lay Kuan

Tan Lay Kuan

Managing Partner

Ms. Tan Lay Kuan is a founding partner and the Managing Partner of Messrs Yeoh Shim Siow & Lay Kuan. A dynamic and results-oriented litigator, Lay Kuan’s core practice lies in construction law, where she has extensive experience representing developers, main contractors, and specialist subcontractors in both contentious and advisory matters.

Her work spans complex construction disputes, including payment claims, project delays, defects, project abandonment, arbitration, and statutory adjudication under the Construction Industry Payment and Adjudication Act 2012 (CIPAA).

In addition to her expertise in construction law, Lay Kuan regularly advises and represents clients in a broad spectrum of contractual and commercial disputes, including matters involving breach of contract, termination of agreements and all other complex commercial claims. She also has substantial experience in insolvency litigation, having acted for both creditors and corporate clients in winding-up proceedings, including the filling or resisting of petitions, enforcement of debts, advising on liquidation processes, creditor claims and debt restructuring.

Lay Kuan is trusted by a wide range of long-standing clients, including prominent property developers, main contractors and specialist subcontractors, shopping mall owners and operators, global real estate consultancy firms. Known for her strategic approach, practical mindset, and deep understanding of both operational realities and legal complexities, Ms Tan is often entrusted with high-stakes and technically challenging matters.

Prior to co-founding the firm, Lay Kuan established and led her own legal practice, Messrs Lay Kuan & Co. Earlier in her career, she practised at Messrs Nadzarin Kuok Puthicheary & Tan, where she trained and worked closely with YA Tuan Nadzarin bin Wok Nordin prior to his appointment to the judiciary.

Beyond Litigation

In addition to her litigation and dispute resolution practice, Lay Kuan supports the firm’s corporate and transactional work. She regularly brings in and support corporate and commercial transactional matters, working closely with the firm’s corporate and conveyancing teams to provide clients with comprehensive, end-to-end legal support.

Notable highlights include:

  • Acting for the purchaser in a RM100 million share sale transaction, providing full-spectrum legal support including documentation, structuring, and risk management;
  • Representing developers in land acquisition transactions valued between RM20 million and RM80 million, from initial negotiations through to due diligence and successful completion.
  • Corporate Contracts Disputes
  • Defamation
  • Family and Matrimonial Disputes
  • Insolvency & Debt Recovery
  • Land & Property Disputes
  • Strata Management Matters
  • Tenancy Disputes
  • Civil Litigation
  • LLB (Hons), Aberystwyth University
  • Certificate in Legal Practice
  • Advocate & Solicitor of the High Court of Malaya

Apart from her ongoing matters and several confidential or amicably settled cases, Ms. Tan Lay Kuan has been actively involved in numerous significant and high-value disputes, including Court of Appeal and Federal Court matters. Below are selected highlights from her legal career:

    Syarikat Sebati Sdn Bhd v Pengarah Jabatan Perhutanan & Anor [2019] 2 MLJ 689 (Federal Court)

  • Assisted in a landmark case concerning the cessation of logging licences issued under the National Forestry Act 1984 and the Selangor Forestry Rules 1988, following the designation of the logging area as a forest reserve.

    • Tenaga Nasional Malaysia v Batu Kemas Industri Sdn Bhd & Anor [2018] 5 MLJ 561 (Federal Court)

  • Assisted in a seminal case on the doctrine of pure economic loss. The Federal Court ruled that the plaintiff was contributorily negligent for failing to install surge arresters that could have prevented machinery damage caused by electricity disruption.

    • Ganad Media Sdn Bhd v Metramac Corporation Sdn Bhd (Court of Appeal)

  • Successfully handled the matter culminating in a winding-up order against the respondent.

    • Edaran Modenas Sdn Bhd (Penang High Court)

  • Acted in a suit establishing that a cause of action against a guarantor accrues only upon the issuance of a formal demand.

    • Federal Court Matter: Legal Capacity of a Bankrupt

  • Assisted in a Federal Court reference concerning whether a bankrupt may affirm an affidavit on behalf of a wound-up company.

    • Listed Trust Company (Kuala Lumpur High Court)

  • Acted to obtain an order for the winding-up of a golf and country club formed under a Deed of Trust, and for surrendering unclaimed funds to the Registrar pursuant to Section 65(2)(a) of the Interest Schemes Act 2016.

    • Financial Institutions

  • Regularly acted for major banks in bulk debt recovery actions and enforcement proceedings.

    • Tenaga Nasional Berhad

  • Represented TNB in various disputes, including non-payment of utility bills, electricity theft, and meter tampering claims.

    • Board of Quantity Surveyors Malaysia

  • Represented a quantity surveyor in regulatory hearing proceedings before the Board.

    • Pos Malaysia Berhad

  • Acted across a portfolio of contentious, non-contentious, and bulk recovery files.

    • DRB-HICOM Berhad & Group of Companies

  • Advised and represented the group in various corporate, commercial, and dispute resolution matters.

    • Gas Malaysia Berhad

  • Provided advisory and legal services on both dispute and compliance-related matters.

    • CIPAA Adjudications

  • Acted as counsel in multiple adjudication proceedings under the Construction Industry Payment & Adjudication Act 2012 involving claims for unpaid sums, extensions of time, and counterclaims.

    • Arbitration Proceedings

  • Represented parties in arbitration involving issues of breach of contract, omissions, LAD, and the necessity of Certificate of Non-Completion (CNC) before the imposition of LAD.

    • Contract Solutions I PLT v SGV Builders Sdn Bhd (Court of Appeal)

  • Acted throughout from the Sessions Court up to the Court of Appeal in a suit for recovery of fees for services rendered.

    • Breach of Bond Agreements

  • Handled numerous breach of bond agreement suits involving financial exposure and enforcement issues.

    • Strata Tribunal Appeals

  • Represented proprietors in High Court proceedings challenging Strata Tribunal decisions via Originating Summons.

    • Caveat Removal Applications

  • Acted in High Court applications to remove private caveats lodged wrongfully on multiple parcels of land.

    • Federal Land Development Authority & Felda Investment Corporation Sdn Bhd v Tan Sri Mohd Isa Abdul Samad & Ors (Kuala Lumpur High Court)

  • Acting in a high-profile litigation involving breach of fiduciary duty and mismanagement.

    • RM800 Million Defamation Suit

  • Currently acting in a complex and high-value defamation suit involving damages claimed in the sum of RM800 million.

    • Other Significant Matters

  • Successfully secured a stay of court proceedings pending arbitration in Kuala Lumpur High Court in a construction dispute exceeding RM30 million, reinforcing the primacy of arbitration agreements.
  • Appealing against the High Court’s decision to set aside the first winding-up order, which had been granted prior in time to a second winding-up order involving the same debtor company—raising important procedural and jurisdictional questions.
  • Advising and representing companies in Hong Kong and USA in a cross-border suit involving breach of contract, breach of fiduciary duty, and unjust enrichment over the misappropriation of escrow funds amounting to RM3.15 million.
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