Publications

Select Categories

High Court Dismisses Stay Application in Favour of Our Client, Allowing Proceedings to Continue

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…
  • Chern & Co.·
  • January 28, 2026 2:20 pm·
  • 0·

PR & Reputational Crisis Management: What Businesses Should Do When a Viral Video Hits

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…
  • Chern & Co.·
  • January 12, 2026 2:42 pm·
  • 0·

The Court of Appeal Rules in Favour of Our Client on “On Demand” Guarantee Dispute

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…
  • Chern & Co.·
  • November 7, 2025 10:15 pm·
  • 0·

Successful Appeal for Our Client at the Court of Appeal Against Banking Institution: Clarifying ‘Triable Issues’

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…
  • Chern & Co.·
  • July 11, 2025 3:40 pm·
  • 0·

Industrial Court Awards Over RM250,000 to Our Client in Unfair Dismissal Case Against a Foreign Government Trade Agency

On 25.02.2025, the Industrial Court of Malaysia, presided over by Y.A. Mohd Zulbahrin bin Zainuddin, ruled in favor of our Client, a senior employee challenging an unfair dismissal by a foreign government trade agency (“the Employer“), based in Kuala Lumpur. The Court awarded over RM200K in compensation, reinforcing the importance of procedural fairness in dismissal…
  • Chern & Co.·
  • March 4, 2025 12:01 pm·
  • 0·

Our Jonathan Khaw Recognized in LexisNexis® 40 UNDER 40

Congratulations to our Jonathan Khaw on being named in the prestigious 2024 LexisNexis® 40 Under 40! LexisNexis® 40 Under 40 is an exclusive industry recognition that celebrates 40 outstanding lawyers across Asia, including Southeast Asia, who exhibit tremendous potential for growth and a strong motivation to drive the development of the legal sector forward. Jonathan’s…
  • Chern & Co.·
  • November 21, 2024 4:20 pm·
  • 0·

Handling Fraudulent Misrepresentation: Insights from a Recent Case

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…
  • Chern & Co.·
  • November 5, 2024 5:55 pm·
  • 0·

Finalist in Thomson Reuters’ ALB Malaysia Law Awards 2024

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…
  • Chern & Co.·
  • February 15, 2024 11:14 am·
  • 0·

Our Client Secures Successful Outcome in Lawyer Negligent Case

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…
  • Chern & Co.·
  • November 24, 2023 1:04 am·
  • 0·

CHERN & CO. wins Interim Payment Application, totalling RM510,964.96 – What Are Interim Payments?

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…
  • Chern & Co.·
  • March 18, 2023 1:13 am·
  • 0·

CHERN & CO. Wins Eviction Order for Our Client Against Squatters

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.…
  • Chern & Co.·
  • August 21, 2022 12:54 am·
  • 0·

CHERN & CO. Secures Worldwide Mareva Injunction for Hong Kong-Based Client

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…
  • Chern & Co.·
  • March 2, 2022 2:26 pm·
  • 0·

NEW PROPERTY PURCHASER’S GUIDE: LATE DELIVERY OF VACANT POSSESSION DURING MCO 3.0 & LAD

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…
  • Chern & Co.·
  • February 11, 2022 3:35 pm·
  • 0·

Landlord’s Guide: Eviction and Recovery of Possession

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…
  • Chern & Co.·
  • February 9, 2022 2:01 pm·
  • 0·

Understanding Garnishee Proceedings in Malaysia.

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…
  • Chern & Co.·
  • August 11, 2021 1:16 pm·
  • 0·

Fraudulent Misrepresentation in Business

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…
  • Chern & Co.·
  • June 8, 2021 12:00 pm·
  • 1·

Business Owners Beware: Parent Company can be sued by Employee of a Subsidiary- Industrial Dispute

Key Takeaways from the Ahmad Zahri Case: Piercing the Corporate Veil in Employment Disputes Under typical circumstances, employees of a subsidiary cannot bring claims against a parent company for unfair dismissal, as each company is a distinct legal entity. However, in the Ahmad Zahri bin Mirza Abdul Hamid v Aims Cyberjaya Sdn. Bhd. [2020] MLJU…
  • Chern & Co.·
  • August 14, 2020 8:39 am·
  • 0·