Melvin Tay Yee Shian

Litigation Department

Managing Partner of Messrs Damian S. L. Yeo & L.C. Goh, and headed Corporate Advisory Department

Registered intellectual property agent since 2003

Qualifications

  • Bachelor of Laws with Honours (MMU)

Experience

  • Chambered at Messrs KP Ng & Amardas
    Malacca (August 2014 to May 2015)
  • Associate at Messrs Damian S.L. Yeo & L.C. Goh Malacca (August 2015 until todate)

 

Area of Practice

Civil Litigation

Assisting clients seeking legal redress for recovery of debts arising out of:

  • Loan Agreements
  • Foreign Exchange Facilities
  • Bill of Exchange Purchased (BEP) Facilities
  • Personal Guarantees
  • Letter of Indemnities
  • Supplementary Agreements
  • Novation Agreements

Common vitiating issues and legal issues with respect to the abovementioned disputes are:

▪ Negligence
▪ Misrepresentation
▪ Undue Influence
▪ Contravention of statutes/Illegality
▪ Frustration
▪ Fraud
▪ Contravention of Express and Implied Terms
▪ Past Consideration
▪ Application of waiver and indulgence clause
▪ Alteration and variation of terms of agreement
▪ Rights and liabilities of Principal, Debtor and Guarantors
▪ Claims on debts beyond the period of limitation/claims for a statute barred debt

Advising and defending clients on equitable remedies available to them such as Injunctions and Specific performance

Post Judgment

Enforcement of Judgment i.e. Bankruptcy matters, Foreclosure proceedings, Winding-Up (see further under Corporate Litigation), Judgment Debtor Summons, Writ of Seizure & Sale, Writ of Distress, Garnishment.

Litigious matters falling under the purview of the Hire-Purchase Act:

▪ Rights and liabilities of the owner (Banker/Finance Companies), Hirer & 3rd Parties;
▪ Provisions of Hire Purchase Act to be complied with;
▪ Assignment/Transfer of property still subjected to terms and conditions of Hire Purchase Agreement;
▪ Fraud;
▪ Deceit;
▪ Misrepresentations;
▪ Non Est Factum Defences; and
▪ Illegality.

Litigious matters falling under the purview of the National Land Code:
▪ Indefeasibility of title;
▪ Factors vitiating indefeasibility of title; and
▪ Caveatable interest.

Intellectual Property

Litigious matters falling under the purview of Trade Marks Act, Patents Act, Industrial Designs Act, Geographical Indication Act, Copyrights Act, Franchise Act, Trade Description Act etc. which includes amongst other protection, investigation and enforcement, anti-counterfeiting measures, AND infringement proceedings

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