Tan-Hui-Wen  Tan Hui Wen
Associate, Dispute Resolution Division
SKRINE


CONTACT DETAILS:
Tel: 603 - 2081 3999 ext 800
Fax: 603 - 2094 3211
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  Overview  

Hui Wen has advised and acted for private sector firms, government-linked companies and State entities in commercial, land and public law disputes involving industries as diverse as oil and gas, aviation, F&B, finance and real estate. She has a growing practice in land and property dispute resolution, particularly in land/compulsory acquisition proceedings.

Hui Wen read law at the University of Auckland, New Zealand, and completed her pupillage at Skrine. Prior to her admission as an Advocate & Solicitor of the High Court of Malaya, she was a Legal Editor of Atkin's Court Forms, an encyclopaedia on civil litigation procedure and precedents, with a leading global publishing and information solutions firm.

Hui Wen presents seminars and performs pro bono work as part of Skrine’ Social Responsibility Unit.

  Further Details  

Areas of Practice

Arbitration, Aviation, Contractual Disputes, Administrative Law, Land Acquisitions, Rating Appeals, Real Estate Disputes, Corporate Disputes, Torts including Defamation, Professional Liability and other torts, Winding-Up & Receivership.

Professional Affiliations

  • Alumni Coordinator (Malaysia), University of Auckland
  • Young Arbitrators Forum, International Chamber of Commerce (ICC YAF)
  • YSIAC, Singapore International Arbitration Centre
  • Young Practitioners Group, Asian International Arbitration Centre (AIAC YPG)
  • Editorial Committee, Bar Council Legal Aid Centre
  • Malaysian Bar

Qualifications

  • Advocate & Solicitor, High Court of Malaya
  • Certificate of Legal Practice
  • Bachelor of Laws, University of Auckland, New Zealand

  Experience  

Hui Wen’s litigation and arbitration practice largely involves commercial/contractual disputes, land-related disputes and public law disputes, including land acquisition proceedings, judicial review and rating appeals.

Land Acquisition & Land Disputes

  • Acted for the national oil company (acquiring agency) and the State in land references and appeals arising from land acquisitions for a RM60 billion industrial development project in Malaysia. The value of the resisted claims exceeds RM700 million. The High Court dismissed the landowner's valuer's valuation of market value and claims for severance and injurious affection: see Kelana Megah Development Sdn Bhd v Pejabat Tanah Daerah Kota Tinggi & Petroliam Nasional Berhad [2017] 1 LNS 1803. The Court of Appeal upheld the High Court’s decision.
  • Acted for a land holding company (landowner) in claiming compensation for lands with commercial development potential in the heart of Kuala Lumpur city. The lands were compulsorily acquired by the State for a RM1.2 billion expressway project. Parties settled for an additional RM14 million compensation in favour of the landowner a few days before the hearing.
  • Acting for a State-owned investment and development conglomerate (acquiring agency) in resisting multi-party claims for compensation involving business losses and the market value of lands acquired for a mixed development project in a city centre.
  • Acting for a State investment holding company and other acquiring agencies in resisting judicial review applications to set aside land acquisitions, and appeals therefrom to the Court of Appeal and Federal Court: see KCSB Konsortium Sdn Bhd v Pengarah Tanah Dan Galian Johor & Ors [2018] MLJU 74, [2018] 1 LNS 90.
  • Acted for a large billboard firm against a highway concessionaire and another large billboard firm for trespass of land held under a temporary occupational licence. The High Court awarded over RM6 million in compensation.

Aviation Law

  • Advised a global charter flight provider (operating flights for corporations, governments and private clients to more than 180 countries worldwide) on the compliance and regulatory aspects of the civil aviation industry in Malaysia, including the Malaysian Aviation Commission Act 2015.
  • Represented a global charter flight provider at an inquiry/hearing before the Malaysian Aviation Commission pursuant to Section 81 of the Malaysian Aviation Commission Act 2015.
  • Advised a prominent aviation infrastructure firm on corporate defamation and claims for business losses.

Public & Administrative Law, Rating Appeals

  • Acting for a public-listed natural gas infrastructure and utilities company and an oil refining firm (ratepayers) in numerous rating appeals, at the High Court and at the Federal Court (Malaysia’s apex court), against assessment rates imposed by city and district councils on its operations centre and infrastructure in Malaysia.
  • Acted for the ratepayer in an appeal from the High Court decision in Petronas Gas Bhd v Majlis Bandaraya Shah Alam [2018] 8 MLJ 230 where the Federal Court held that a municipal authority does not have the power to charge assessment rates upon a party which occupies land but is not the owner of those lands.
  • Acted for a public-listed natural gas infrastructure and utilities company (ratepayer) in a judicial review application against Shah Alam City Council. The High Court found that the city council ought not to have imposed retrospective assessment rates on the ratepayer, and ordered the city council to refund RM2,400,000.00 in assessment rates to the ratepayer. The Court of Appeal upheld the High Court’s decision.
  • Acted for a public-listed natural gas infrastructure and utilities company (ratepayer) in a judicial review application against Sabak Bernam District Council. The High Court set aside more than RM4,800,000.00 in rates that the District Council retrospectively charged the ratepayer and ordered the District Council to refund the said amount. Presently acting for the ratepayer in resisting the District Council’s appeal at the Court of Appeal.
  • Acted as counsel for a State Government and its administrative agencies in an appeal at the Court of Appeal involving a claim of native customary rights over 15,000 acres of land reserved for a national park in Peninsular Malaysia: see the High Court’s grounds of judgment in Sangka bin Chuka & Anor v Pentadbir Tanah Daerah Mersing, Johor & Ors [2016] 8 MLJ 289.
  • Acting as counsel for a State Government and its administrative agencies in appeals at the Court of Appeal involving a claim of native customary rights over approximately 7,000 acres of lands and waterways in Peninsular Malaysia: see the High Court’s grounds of judgment in Eddy Salim & Ors v Iskandar Regional Development Authority & Ors (No 2) [2017] 1 LNS 822.

Commercial & Contractual Disputes

  • Acted for a global F&B supply company in a contractual dispute involving purification of solvents at the High Court and the Court of Appeal. The Court of Appeal upheld the High Court’s decision, which awarded RM3 million in compensation and dismissed the opponent's counterclaims of up to RM12 million.
  • Part of the Skrine team who represented an information solutions company in a KLRCA (now AIAC) against the Government of Malaysia. The arbitration involved two contracts for computerised systems and a total claim of more than RM62 million. The arbitration was settled with a Consent Award.
  • Acted for a global F&B supply company in a KLRCA (now AIAC) involving termination of a supply agreement with a world supplier of industrial gas. The total value of resisted claims is up to RM6.5 million.
  • Acted for a large purified terephthalic acid (PTA) producer in successfully opposing applications made under Sections 37 & 42 of the Arbitration Act 2005 to set aside an arbitration award on alleged breach of natural justice and alleged questions of law: see Konsortium Lord-Saberkat Sdn Bhd v RP Chemicals (M) Sdn Bhd [2018] MLJU 602, [2018] 1 LNS 90. Presently acting for the PTA producer in resisting the appeal at the Court of Appeal.
  • Acting for the Malaysian arm of a Fortune Global 500 company in multi-party suits involving conventional financial and Takaful products.
  • Advised an energy solutions provider on litigation strategy involving investment and sale agreements with a foreign public-listed firm and its subsidiary.

Other Professional Work and Publications

Article

  • “Now everyone can fly… with fewer headaches!”, ILO Aviation Newsletter, published by the International Law Office (ILO) in 2018.

Seminars & Workshop

  • Speaker and Trainer at the Asian International Arbitration Centre YPG’s Mooting Workshop for Students, Coaches and Young Practitioners in 2018. Presented a talk on ‘Simplifying Complexity’, and acted as counsel in a mock hearing.
  • • Presented seminars on research skills and mooting for Skrine’s Internship programme from 2017 to 2018.
  • Speaker at the Skrine Debating Workshop and Public Speaking Workshop for Dignity for Children Foundation from 2016 to 2017.
  • Speaker at the Skrine-Teach For Malaysia Constitutional Law Workshop for students in a low-decile school in 2016.

Other Professional Work

  • Represented Skrine at the Essex Court Chambers-Singapore Academy of Law International Mooting Competition (2017). Named Best Speaker and Best Memorandum for a round.
  • Arbitrator at the Thomas Philip-Novice Arbitration Mooting Competition (2017 - 2018).
  • Judge at Malaysia’s International Humanitarian Law (IHL) Moot Court Competition (2017).
  • Pro bono research for Asylum Access on the rights of refugees and stateless persons to work in Malaysia (as part of Skrine’s Social Responsibility Unit in 2015).

 
ACCOLADES & AWARDS

Benchmark Litigation Asia-Pacific 2018

alb-mla-2018-winner

We are pleased to announce that our firm is recognised as a Top Tier Firm in the inaugural Benchmark Litigation Asia-Pacific 2018. Some of our partners were also listed in the rankings.

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Who’s Who Legal Awards 2018

alb-mla-2018-winner

We are pleased to announce that Skrine has once again been named Malaysia Law Firm of the Year. The award was conferred at the Who’s Who Legal Awards 2018 on 8th May 2018 in London, United Kingdom.

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Asian Legal Business Malaysia Law Awards 2018

alb-mla-2018-winner

Skrine has been ranked as Arbitration Law Firm of the Year and Maritime Law Firm of the Year.

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The Chambers Asia Pacific 2018 Rankings

Skrine has been ranked as Leading Firm for Dispute Resolution, Intellectual Property and Projects, Infrastructure & Energy.

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