Recently, the Court of Appeal, comprising The Hon. Justice Datuk See Mee Chun, Hon. Justice Datuk Azhahari Kamal, and Hon. Justice Datuk Wong Kian Kheong, granted leave for our Client to appeal against the Kuala Lumpur High Court’s decision. This development is crucial to our Client’s business operations moving forward. Our Mr. Jonathan K, acted … Read more
We are pleased to share that ‘CHERN & CO.’ has been named a Finalist for ‘Rising Law Firm of the Year’ in the Law Firm Category. The Thomson Reuters’ ALB Malaysia Law Awards 2024 will recognize the outstanding performance of law firms and in-house teams in Malaysia. The event will bring together leading lawyers and … Read more
This case concerns our Client’s successful professional negligence claim against a lawyer. It is a cautionary tale of the consequences of failing to follow a client’s instructions. Whilst the case concerns lawyers, it applies to professional advisers of any specialism. In this case, the Court ruled in our Client’s favour, finding that the said lawyer … Read more
Our Hong Kong-based client engaged CHERN & CO. to resolve a significant complication surrounding their purchase of a luxury home in Genting Highlands, which they had acquired through a sales agency in Hong Kong. Our Jonathan K represented our client in this matter before the Kuala Lumpur High Court. Case Overview At the time our … Read more
CHERN & CO. is proud to represent a group of residential property purchasers, in their ongoing claims against a Housing Developer for liquidated ascertained damages (LAD) due to the late delivery of vacant possession and the delayed completion of common facilities. Recently, the Shah Alam High Court granted an interim payment of RM510,964.96 to our … Read more
In a recent appeal, the Kuala Lumpur High Court upheld the Senior Assistant Registrar’s decision to dismiss the Defendants’ application for Security for Costs (SFC) with costs. This decision reaffirms that our courts will not grant SFC as a matter of course against a foreign plaintiff, but only if it is deemed just based on … Read more
Jonathan Khaw of CHERN & CO. successfully represented our Client in an eviction proceeding against squatters who had unlawfully occupied the Client’s land for 40 years. The case was heard by Justice Jamhirah Binti Ali at the Shah Alam High Court on August 16, 2022, and concluded favorably for our Client after two court hearings. … Read more
CHERN & CO. was recently appointed to represent a Hong Kong-based investment and project management consulting firm (“our Client”) in applying for a Mareva Injunction before the High Court of Shah Alam. This action is pending the outcome of arbitration at the Hong Kong International Arbitration Centre (“HKIAC”). Brief Facts In June 2021, our Client … 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