Biography
Daniel Tan has experience in commercial, corporate, insolvency and securities disputes, and in particular, in stratified developments.
The strata law matters in which he has been involved as junior Counsel are :-
- acted for the management corporation of the luxury Dua Residency Condominium located in central Kuala Lumpur, in a precedent setting suit brought against the developer for negligence in the design and construction of the common property, including waterproofing failure at an Olympic-sized suspended swimming pool constructed above several floors of carparks. The High Court in that suit held for the first time that a developer owes a duty of care to a management corporation for defects present in the common property of that development area, effectively giving added protection to buyers of stratified developments
- acted for a management corporation in a suit relating to whether the management corporation is required to bear the cost of maintenance of air-conditioning facilities built on common property but which provide air-conditioning to both the common property and some of the individual parcels
- acted for the developer in a suit brought by a proprietor of a residential condominium unit in a luxury mixed development with a gross development value of RM 1.08 billion, which involves multi-tiered maintenance charges rates imposed on different building components based on the actual cost of maintaining each component, as opposed to a single rate across all parcels
- acted for a prominent property management company in striking out the claim filed against it by certain parcel proprietors of a mixed-development for alleged negligence in advising the joint management body of that development
In securities law, Daniel acted as junior Counsel in one of the largest private placement bond disputes in Malaysia concerning the misapropriation of sums totalling RM 265 million from the bond issuer and a RM30 million High Court trial brought by a local regulatory authority against perpetrators of a fraudulent investment scheme.
Other highlights include acting as junior Counsel in a precedent setting High Court Suit filed by a major unit trust management company against an agent for a refund of the latter’s commission pursuant to Section 173 of the Contracts Act, 1950 as a result of agency misconduct and fraud. The first of its kind in Malaysia, the High Court in that suit found that a principal is allowed to seek a refund of commission paid to an agent if that agent had misconducted himself in his dealings with the principal’s client(s), giving the principal some recourse against rogue agents.
Daniel is available to accept instructions in all principal areas of the firm’s practice.