On 28.01.2026, the Shah Alam High Court, before Yang Arif Dr Seow Hock Peng, dismissed the Defendants’ Applications to Stay further proceedings, allowing our Client to proceed with its assessment of damages notwithstanding the Defendants’ pending appeal to the Court of Appeal. In practical terms, the Stay sought would have stopped our Client’s case in … Read more
In recent years, we have been engaged by consumer-facing businesses in Malaysia, including established F&B brand, following the emergence of viral videos and online content involving their outlets, products and/or staff. In several of these matters, what began as a single video, often recorded and shared without context, quickly escalated into widespread public reaction, and … Read more
Unanimous Decision by the Court of Appeal On 14.10.2025, the Court of Appeal (comprising the Honourable Justices Dato’ Che Mohd Ruzima Bin Ghazali, Datuk Seri Mohd Firuz bin Jaffril, and Tuan Ong Chee Kwan) unanimously allowed our Client’s appeal and reinstated the Sessions Court’s judgment, which held the company’s Director personally liable under a Guarantee … Read more
On 10.07.2025, our Court of Appeal (comprising Honourable Justices Datuk Ravinthran A/L Paramaguru, Dato’ Dr. Choo Kah Sing, and Dato’ Ahmad Fairuz Bin Zainol Abidin) unanimously set aside a Summary Judgment of approximately RM700,000.00 previously obtained by a banking institution against our Client. Background Jonathan Khaw, assisted by Ern Chee, continued to act as counsel … Read more
Fraudulent misrepresentation can have significant repercussions in business transactions, particularly for SMEs navigating complex business contracts. We recently represented a Polish company specializing in the production, import, and distribution of disposable protective clothing and health and safety products for the food sector. This Client sought recovery of a deposit following allegations of fraudulent misrepresentation against … 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
A Growing Concern in PPE Transactions Recently, we have observed an increase in complaints from clients related to the buying and selling of personal protective equipment (PPE). A recurring issue involves businesses making fraudulent claims about having ready stock of gloves or other PPE. Only after payment is made do buyers often discover that the … Read more
A due diligence process seeks to reveal the potential risks hidden within a company. For this reason, it is widely and commonly used in company/business acquisition. While due diligence is recognized as a process of investigating, analyzing and assessing the relevant documents about the target company, for the purposes of the article, we will focus … Read more
Many buyers think of skipping due diligence as they believe they already have a clear understanding of the target company. But it is vital for buyers to always remember that there may still be aspects of legal liabilities that were intentionally hidden from them. Due diligence can you help you identify the possible red flags … Read more
“Corporate Liability Provision” Under Section 17A The new Section 17A MACC Act [1], which will come into effect 1st June 2020, (hereinafter referred to as “the new provision”) is of great significance for all companies incorporated in or carrying on business in Malaysia. The new provision will impact businesses of all shapes and sizes regardless … Read more