Tan Hui Wen Senior Associate

Contact
T +603 2081 3999 ext 800
E tan.hui.wen@skrine.com
 

Overview


Hui Wen is a litigation and arbitration lawyer, focusing on land acquisition and assessment disputes, commercial disputes, and aviation. 
 
Hui Wen has experience in land acquisition matters, having acted for the acquirers as well as the land owners. She has represented State Authorities, State-owned conglomerates, and oil & gas companies, in resisting challenges to land acquisitions as well as in land reference proceedings on issues relating to compensation. She also has experience acting for ratepayers in challenging assessment rates imposed by local governments on lands, pipelines, and refineries.
 
asialaw Profiles 2021 reported that Hui Wen is an “Up and coming litigation lawyer”. She has appeared as lead counsel in the Sessions Court, lead counsel in the High Court and Court of Appeal for interlocutory and leave applications, and as junior counsel in appeals at the Federal Court. She has also acted in arbitrations and arbitral-related court proceedings.

Hui Wen served as the ICC YAF Regional Representative for South Asia (2019 – 2021) at the International Chamber of Commerce Young Arbitrators Forum, where she was the sole representative from Malaysia. She currently serves as Co-Deputy Chairperson of the Kuala Lumpur Bar Young Lawyers Committee (2021/2022) and member of the Bar Council’s Arbitration Committee (2021/2022).
 
 
 

Key Practice Areas

  • Land Acquisition and Land Law
  • Rates, Assessment and Valuations
  • Aviation Disputes
  • Commercial Litigation and Arbitration
 

  • Acted for the national oil company and one of the State Governments in Malaysia in court proceedings involving land acquisitions for a RM60 billion industrial development project in Malaysia (from the High Court to the Federal Court).   The total value of claim that was resisted was  more than RM700 million for approximately 2,800 acres of land. The Court of Appeal’s decision is reported at Kelana Megah Development Sdn Bhd lwn Pentadbir Tanah Daerah, Kota Tinggi dan satu lagi [2019] 1 MLJ 723, [2018] 1 LNS 1655 (affirmed by the Federal Court in 2020). 
  • Acted for a large land-holding company in Land References where the market value of the lands was more than RM130 million.
  • Acted for a large palm oil plantation company where the value of claim exceeded RM75 million.
  • Acting for one of the State Governments in Malaysia and a statutory body in various Land References where the market value of lands claimed exceeds RM3.6 billion, and wherein other claims (like business losses) are also being raised.
  • Acted for one of the District Land Administrators from one of the States in Malaysia in an appeal at the Federal Court, where the Federal Court set aside the Court of Appeal’s award of approximately RM11 million in additional compensation to the landowner. The land was acquired for the construction of a centralised sewerage treatment plant as part of a RM240 million rehabilitation and rejuvenation project of a river. The Federal Court decision is reported at Pentadbir Tanah Daerah Johor v Nusantara Daya Sdn Bhd [2021] 4 MLJ 570, [2021] 7 CLJ 1, [2021] 5 AMR 769, [2021] 1 LNS 479.
  • Acted for one of the District Land Administrators from one of the States in Malaysia in appeals at the Court of Appeal and Federal Court involving the acquisition of land valued at approximately RM30 million for a deepwater petroleum terminal. The Court of Appeal decision is reported at Teguh Kemajuan Sdn Bhd v Pentadbir Tanah Daerah Kota Tinggi & Anor and other appeals [2021] 3 MLJ 141, [2021] 2 CLJ 118.  
  • Acted for the Management Corporation of a commercial development in seeking additional compensation of approximately RM25 million for severance damage and injurious affection arising from an acquisition for the RM5.3 billion Sungai Besi-Ulu Kelang Elevated Expressway (SUKE). The High Court decision is reported at Perbadanan Pengurusan Leap v Pentadbir Tanah Wilayah Persekutuan Kuala Lumpur [2021] MLJU 1168, [2021] 1 LNS 1046 (pending appeal).
  • Acted for an investment holding company of one of the States in Malaysia and one of the said State’s Land Administrators in resisting a Judicial Review and its subsequent appeal by the landowner to set aside land acquisitions for a large commercial and residential project. The High Court decision is reported at KCSB Konsortium Sdn Bhd v Pengarah Tanah Dan Galian Johor & Ors [2018] MLJU 74, [2018] 1 LNS 90 (affirmed by the Court of Appeal).  
  • Representing one of the State Governments in Malaysia and its Director of Land and Mines in appeals at the Court of Appeal arising from a High Court decision which allowed claims based on native customary rights over 7,000 acres of lands and waterways in southern Peninsular Malaysia.
  • Represented one of the State Governments in Malaysia, its Director of Land and Mines, one of its Land Administrators and its National Park Authority in an appeal at the Court of Appeal arising from a High Court decision which allowed claims of native customary rights over 15,000 acres of land.

  • Acted for one of the largest petroleum refineries within Malaysia in an appeal against the imposition of rates by a local authority. The estimated improved value of assets imposed was approximately RM2.6 billion, and the consequent annual assessment rates was approximately RM13 million.
  • Acted for the leading gas infrastructure and utilities company within Malaysia which is also one of the largest companies on the local bourse (in terms of market capitalisation) in a considerable number of appeals against the imposition of rates by various local authorities within the country including one where it was successfully argued at the apex Court that rates could not be imposed upon an occupier in respect of lands occupied.
  • Acted for the leading gas infrastructure and utilities company within Malaysia in two Judicial Reviews against unrelated local authorities to set aside retrospective rates, and in resisting the local authorities’ subsequent appeals at the Court of Appeal (both proceedings were successful despite a previous Court of Appeal decision which suggested that retrospective rates were justifiable).
  • Advised and acted for corporations within the oil and gas industry in separate rating appeals concerning assets in the prominent petroleum refining and petrochemical complex/hub in Pengerang, Johor (all settled). 
  • Acted for a leading provider of tank terminal storage facilities and handling services based in Pengerang Integrated Petroleum Complex, Johor in an appeal against the imposition of rates by a local authority (settled). The estimated improved value of assets imposed was approximately RM225.5 million. 

  • Advised a global air carrier operating flights for corporations, governments and private clients to more than 180 countries worldwide regarding the compliance and regulatory aspects of the civil aviation industry in Malaysia.
  • Represented a global air carrier at an inquiry/hearing before the Malaysian Aviation Commission pursuant to Section 81 of the Malaysian Aviation Commission Act 2015.
  • Advised a Malaysian airport operator on corporate defamation and claims for business losses.
  • Acting for the owner of a private jet in a High Court Suit against aircraft service providers for damage done to the said jet.

  • Acting for an engineering firm based in the European Union in an international arbitration involving an agreement for services within the oil and gas industry in Russia. 
  • Acted against the Government of Malaysia in an arbitration relating to two contracts to computerise certain systems.
  • Acted for a large purified terephthalic acid (PTA) producer in resisting applications made under Sections 37 & 42 of the Arbitration Act 2005  and subsequent appeals to set aside an arbitration award. The arbitration involved the recovery of specialised assets and claims of damages. The Court of Appeal’s decision is reported at Konsortium Lord-Saberkat Sdn Bhd v RP Chemicals (Malaysia) Sdn Bhd & another appeal [2019] 1 CLJ 728 (where leave to appeal to the Federal Court was successfully resisted). 
  • Acted for one of the leading producers of natural sweeteners (Malaysian branch) in a civil suit and appeal at the Court of Appeal for failure to process and supply a controlled raw material.
  • Acted for one of the leading producers of natural sweeteners (Malaysian branch) in an arbitration relating to a contract to supply liquefied gas.
  • Acted for the Malaysian arm of a Fortune Global 500 company in multi-party suits involving conventional financial and Takaful products.

Qualifications:

  • Advocate and Solicitor, High Court of Malaya (2015)
  • Certificate of Legal Practice (2014)
  • LL.B, University of Auckland (2013)

Professional Affiliations:

  • ICC YAF Regional Representative for South Asia, International Chamber of Commerce Young Arbitrators Forum (2019 – 2021)
  • Co-Deputy Chairperson, Kuala Lumpur Bar Young Lawyers Committee (2021/2022)
  • Project Head of Research Program, Management Panel, Bar Council Legal Aid Centre (Kuala Lumpur) (2019 – 2022)
  • Member, Bar Council’s Arbitration Committee (2021/2022)
  • Member, Bar Council’s Legal Profession Committee (2021/2022)
  • Member, YSIAC of Singapore International Arbitration Centre
  • Member, Asian International Arbitration Centre (AIAC) Young Practitioners Group
  • Alumni Coordinator for Malaysia, University of Auckland Alumni Network

Publications:

  • Author, Halsbury’s Laws of Malaysia: [270] Landlord & Tenant and [280] Distress (updates) (2020).
  • Author, Atkin’s Court Forms Malaysia – Land (updates) (2019, 2020).
  • Author, Atkin’s Court Forms Malaysia – Appeals (updates) (2019).
  • Co-author, “Malaysian regulators urged to consider prohibiting surcharges for airline seats next to minors and persons with disabilities or reduced mobility”, Skrine Alerts (2021) (republished in the International Law Office Aviation Newsletter).
  • Co-author, “Weathering COVID-19: aviation regulators’ measures to aid aviation operations”, International Law Office Aviation Newsletter (2020).
  • Author, “The Singapore Convention On Mediation: Towards A New Dawn In Resolving Disputes and A Change in Malaysia's Regulatory Framework for Mediation?”, Kuala Lumpur Bar’s Relevan Issue No. 2/2019.
  • Author, “Civil aviation security: new regulations take effect”, International Law Office Aviation Newsletter (2019).
  • Author, “Beefing Up Aviation Security”, Skrine Legal Insights Issue 2/2019.
  • Co-author, “Now everyone can fly… with fewer headaches!”, International Law Office Aviation Newsletter (2018).

Talks:

  • Moderator, Skrine webinar on 'Recent Developments in Rating and Valuation' (October 2021).
  • Speaker, panel discussion on 'Tips for the young, by the young!', 8th ICC YAF Global Conference (September 2021).
  • ​Moderator, panel discussion on ‘Fight, Flight or Freeze: Online Dispute Resolution during the Covid-19 Pandemic’ organised by the Kuala Lumpur Bar (June 2021).
  • Speaker, panel discussion on ‘Dispute Resolution Today: Future Proceedings in Malaysia’, organised by BAC Law Society (February 2021).
  • Speaker, webinar on ‘Remote Hearings and Surveillance Technology Post Covid-19 Pandemic’ organised by Taylor’s Law School (July 2020).
  • Moderator, webinar on ‘Virtual Hearings in the 2020s: Contemporary Perspectives From The Bar’ organised by the Kuala Lumpur Bar (May 2020).
  • Speaker, webinar on ‘Advocacy 101: Arbitration’, NAMCO Outreach Series (April 2020).
  • Speaker, Civil Laws Workshop for the Bar Council Legal Aid Centre (Kuala Lumpur), at the Kuala Lumpur Bar Auditorium (December 2019).
  • Speaker, Asian International Arbitration Centre YPG's ADR & Arbitration Moot Workshop, at Universiti Sultan Zainal Abidin, Terengganu (December 2019).
  • Moderator, “Evolution – What The Future Holds For The Arbitration Industry?”, at the inaugural AIAC - Bar Council - Chartered Institute of Arbitrators Joint Conference (October 2019).
  • Speaker, Panel Discussion on the landmark Federal Court case of JRI Resources Sdn Bhd v Kuwait Finance House, in conjunction with the Kuala Lumpur Bar - Lincoln's Inn Alumni Moot Court Competition (September 2019).
  • Speaker, Mooting Workshop, BAC Mooting Society (September 2019).
  • Moderator, “Introduction to Legal Tech” forum, organised by the Asian International Arbitration Centre and LawTech Malaysia (August 2019).
  • Speaker, “The Junior Counsel's Essential Toolkit”, BAC Mooting Society (February 2019).
  • Speaker, “Red Flags on Delivering Oral Submissions”; Panel Speaker on “How to Train Your Oralist” & Counsel in a mock arbitration hearing, at the Mooting Workshop organised by the Asian International Arbitration Centre (January 2019).
  • Speaker, Case Management 101, Skrine Professional Development & Knowledge Management programme (October 2018, April 2019, November 2019).
  • Speaker and Trainer, KLRCA Mooting Workshop for Students, Coaches & Young Practitioners (January 2018).
  • Speaker and Trainer, Skrine Debating Workshop for Dignity for Children Foundation (2016 – 2017).
  • Speaker and Trainer, Skrine Public Speaking Workshop for Dignity for Children Foundation (October 2016).
  • Speaker and Trainer, Skrine-Teach For Malaysia Constitutional Law Workshop for students in a low-decile school (April 2016).

  •  "Up and coming litigation lawyer." - asialaw Profiles 2021