Alvin TAN is a Consultant with the Firm with more than 30 years’ experience of practice in civil and commercial litigation with an emphasis on corporate and shareholder disputes. He has conducted numerous trials and appellate hearings in the Supreme Court as lead counsel, several of which have resulted in notable reported judgments.
Alvin was lead counsel for Mr Alan Yeo and certain members of the Yeo Hiap Seng family in successfully winding up the Yeo family holding company which held shares of the public listed company, Yeo Hiap Seng Limited in 1994. This was one of the first cases involving minority oppression issues in a family dispute over a company selling well-known Singapore beverages. The case was widely reported in the media at the time.
Alvin also acted as counsel in Vita Health Laboratories Pte Ltd and Others v Pang Seng Meng [2004] 4 SLR(R) 162 in a long and complex case where he represented a director resisting allegations of breaches of fiduciary duties in relation to a regional group of companies within the stable of an Australian public listed company. The case is now widely studied for important propositions of law on the common law duties owed by a company director. Alvin was complimented by the Court in the following terms: “Mr Tan displayed admirable diligence in single handedly dealing with the factual complexities and multitudinous documents that emerged in these proceedings. He presented the defence with commendable clarity.”
Another notable shareholder dispute in which Alvin successfully acted for the minority shareholder was Lim Chee Twang v Chan Shuk Kuen Helina [2010] 2 SLR 209. The Court eventually ordered the purchase of shares of a number of companies within a group. This included companies incorporated in foreign jurisdictions and was the first known of order of such a nature, given that the jurisdiction of the Courts is normally limited to locally incorporated companies. The Court complimented Alvin’s cross examination of the witness in the following terms: “Ms Chan was very upset and broke down in tears a number of times during cross examination. Two things need to be said at this juncture. First Mr Tan was very courteous, while still pushing hard, in his cross examination of Ms Chan. He exhibited the best traditions of the Bar in pushing his client’s case hard but without discourtesy to Ms Chan.”
Outside of the law, Alvin is an avid traveller. He once took a 3-year sabbatical to pursue this passion.
Case Highlights
Complex civil and commercial disputes
- Successfully represented a defendant in making a submission of no case to answer against a claim based on lack of consideration. The Court had made observations on the test to be applied in determining whether there was a case to answer. On appeal, plaintiff sought and obtained leave to raise a fresh point to argue that there ought to be a change in the law of consideration insofar as it related to variations of the agreement. The Court of Appeal decided against effecting any change in the law after a comprehensive survey of the authorities across various Commonwealth jurisdictions. Ma Hongjin v SCP Holdings Pte Ltd [2019] SGHC 277 (HC) and [2021] 1 SLR 304 (CA).
- Successfully represented a defendant against a misrepresentation claim where the Court made certain observations in relation to the assessment of the credibility and reliance of witness testimony and in particular that of an independent witness. The decision was upheld on appeal. Ma Hongjin v Sim Eng Tong [2021] SGHC 84.
- Successfully represented a defendant to resist a claim for recovery of a substantial loan on the basis that the loan was in breach of the Moneylenders’ Act and hence not enforceable. Ochroid Trading Ltd and Another v Chua Siok Lui (trading as VIE Import & Export) and Another [2018] 3 SLR 617.
- Successfully defended the executive committee of a national sports organisation against allegations of internet defamation, which was the first in Singapore. Tan Chor Chuan and Others v Tan Yeow Hiang and Others [2006] 1 SLR(R) 16.
- Successfully represented the director of an investment bank in defending against allegations of negligence in relation to transactional advice involving the acquisition of a Malaysian public listed company in a long and complex case. CEF (Capital Markets) Ltd v Goh Chin Soon and Others [2001] SGHC 342.
- Successfully represented a bank in one of the first cases involving enforcement of and disputes concerning a margin trading agreement. United Overseas Bank Ltd v Mohamed Arif [1994] 1 SLR(R) 530.
- Represented a prominent fashion personality to defend against a claim for breach of fiduciary duties and undue preference. Living the Link Pte Ltd and Others v Tan Lay Tin Tina and Others [2016] 3 SLR 621.
- Represented defendants in an action by a public listed company for breach of directors’ duties. Scintronix Corp Ltd v Ho Kang Peng and another [2013] 2 SLR 633 (HC) and [2014] 3 SLR 329 (CA).
Shareholder disputes
- Successfully represented a minority shareholder to procure a buyout order against the majority shareholder and obtaining judgment on liability against directors who were involved in the acts of oppression. Successfully argued that the case was one suited to minority oppression under Section 216 of the Companies Act rather than a derivative action under Section 216A of the Companies Act. Tan Eck Hong v Maxz Universal Development Group Pte Ltd and Others [2019] 3 SLR 161.
- Represented a defendant in a case where the Court laid down groundbreaking principles regarding the law of minority oppression. Kumagai Gumi Co Ltd v Kumagai Zenecon Ltd and Others [1994] 2 SLR(R) 970 (HC) and [1995] 2 SLR(R) 304 (CA).
- Represented the majority shareholders in a minority oppression action. Lim Swee Khiang and another v Borden Co (Pte) Ltd and Others [2005] 4 SLR(R) 141 (HC) and [2006] 4 SLR(R) 745 (CA).
- Successfully represented a minority shareholder in procuring the specific performance of a shareholder’s agreement and resisting a counterclaim based on breach of directors’ duties. Tan Eck Hong v Maxz Universal Develoment Group Pte Ltd. [2012] SGHC 240.
Appointments
- Member, Law Society of Singapore
- Member, Singapore Academy of Law
- Member, Inquiry Committee Panel and Disciplinary Tribunal panel established under Legal Profession Act
- Member, ASEAN Law Association
Education
Bachelor of Laws, National University of Singapore