CHERN & CO. continues to represent the Plaintiffs, a group of purchasers of residential property units (“our Clients”) in respect of their claims against a Housing Developer for liquidated ascertained damages (LAD) for late delivery of vacant possession and late completion of the common facilities. Regarding the ongoing proceedings before the final determination of the … Read more
In a recent appeal, Kuala Lumpur High Court upheld the decision of the Senior Assistant Registrar to dismiss the Defendants’ Security for Costs Application with costs. Consequently, this decision reaffirms that our Courts will not order Security for Costs as of right against a foreign Plaintiff, but only if the Court thinks it just to … Read more
INTRODUCTION Jonathan Khaw represented our Client in a successful Eviction proceeding against squatters who had allegedly occupied the Client’s Land for 40 years. The Eviction Proceeding was heard before Justice Jamhirah Binti Ali, who delivered her decision on 16th August 2022 at the Shah Alam High Court, after 2 Court Hearings. The High Court, which … Read more
CHERN & CO. was recently appointed to act for a Hong Kong-based investment and project management consulting firm (“our Client”) to apply for a Mareva Injunction before the High Court of Shah Alam, pending the outcome of arbitration at the Hong Kong International Arbitration Centre (“HKIAC”). BRIEF FACTS On June 2021, our Client had entered … Read more
In this article, we will discuss the implications of the COVID 19 (Amendment) Act (Covid-19 Act) to new homeowners affected by the MCO 3.0 and the calculation of Purchaser’s Liquidated Ascertained Damages (LAD), if any. What Is The Required Timeline For A Developer To Deliver Vacant Possession Of Your Property? The date for the handover … Read more
In Malaysia when a Tenant has defaulted on paying rent or has failed to complied with clauses in the tenancy agreement that are fundamental, it entitles the Landlord to terminate the tenancy agreement. When a tenancy agreement has been terminated Landlords are often found in a position where they would need to evict the tenants … Read more
Tenants who currently skip rent payments due to the coronavirus pandemic are protected by our COVID-19 Act. Having said that, this Article looks at the Landlord remedies for non-payment of rent, if the COVID-19 Act, which is due to expire on 31st December 2021, is not extended. If you’re having trouble ensuring your Tenants pay … Read more
What happens when you win and the losing party in a Court case refuses to pay you? Yes, you have won the case, and yes, the Judge has pronounced the Judgment in your favour. What can you do when this happens? In this event, you should consider taking out Garnishee Proceedings to enforce the Court … Read more
Under normal circumstances, an employee of a Subsidiary Company who are unfairly dismissed cannot sue the Parent Company. This is because each Company is a separate legal identity, and a Subsidiary is separated from the Parent Company. However, in the recent case of Ahmad Zahri bin Mirza Abdul Hamid v Aims Cyberjaya Sdn. Bhd. [2020] … Read more
The realisation that you may have had a bad hire is worrisome. During this probation period, you as the Employer can assess their abilities and suitability in the Company. Likewise, the probationer can determine if he or she wants to stay with the organisation after the period ends. Notably, there is no legal requirement under … Read more