Publications

Select Categories

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

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

Resisting Security For Costs Application- March 2023

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…
  • Chern & Co.·
  • March 10, 2023 10:06 pm·
  • 0·

CHERN & CO. obtains Eviction Order against Squatters of a Residential Land

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

CHERN & CO. successfully applies for Worlwide Mareva Injunction

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…
  • 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

Recently, the most common complaints we received from our clients involved the buying and selling of personal protection equipment (“PPE”). We have seen businesses fraudulently claiming that they have ready stock of gloves or PPEs. Once payment is made, the Buyers would often realize that the Seller could never meet order requirements in time, and their…
  • Chern & Co.·
  • June 8, 2021 12:00 pm·
  • 1·

Probationary Employees: What Employers Need to Know

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…
  • Chern & Co.·
  • August 2, 2020 4:24 am·
  • 3·

Buying a SMEs Business: An Overview of Legal Due Diligence

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…
  • Chern & Co.·
  • July 6, 2020 8:43 am·
  • 3·

Making Sure A SMEs Business Is Worth Buying: Legal Due Diligence

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…
  • Chern & Co.·
  • June 30, 2020 11:24 am·
  • 2·

Are Employers Required to Warn Their Probationers In Senior Roles in a Company about Their Poor Performance Before Dismissing Them?

Under Malaysia employment laws, a probationer enjoys similar rights as a full-time employee. As such, an Employer is not allowed to dismiss her probationer without “just cause and excuse”. Having said that, a probationer can be dismissed for poor performance. In simpler terms, a “poor performance” is when the probationer’s job performance falls below the…
  • Chern & Co.·
  • June 23, 2020 8:50 am·
  • 3·

Covid-19 Updates: Data Protection Obligations for Employers During the RMCO

On 7th June 2020, the Government announced the Recovery Movement Control Order (“RMCO”) effective 10th June 2020 through 31st August 2020. Under the RMCO, additional restrictions are lifted, and most businesses are allowed to operate with adherence to strict standard operating procedures (‘SOP’). During the RMCO, businesses, particularly the retail businesses are required to take…
  • Chern & Co.·
  • June 17, 2020 9:25 am·
  • 2·

FAQs on the ‘Wage Subsidy Programme’

In this article, we aim to provide some guidance about the Wage Subsidy Programme for all business owners, and SMEs in Malaysia. It should be pointed out that the financial incentives under the Wage Subsidy Programme is to encourage Employers to continue hiring eligible employees in ongoing jobs without resorting to retrenchment. In other words,…
  • Chern & Co.·
  • May 30, 2020 11:55 am·
  • 0·

New Anti Corruption Law Malaysia, and How Are Your Businesses Affected?

“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…
  • Chern & Co.·
  • May 26, 2020 11:35 am·
  • 2·

6 Reasons Why You Should Have A Shareholders’ Agreement.

A Shareholders’ Agreement is a legally binding contract entered between the shareholders of a company. Although, it is not a legal requirement, having a well-prepared agreement drafted by your lawyers can act as a safeguard. The main purpose of this important agreement is to protect the shareholders’ investment in the company and to regulate the…
  • Chern & Co.·
  • May 23, 2020 10:01 am·
  • 1·

Winding Up a Company in 2021

New Update: On March 2021, our Prime Minister has officially announced that the statutory demand threshold for winding-up petitions will be permanently kept at RM50,000! In this article, we will explain the basic legal concept of winding up, and the New Measures taken by our government to modify our existing winding-up laws, and what you…
  • Chern & Co.·
  • May 14, 2020 9:38 am·
  • 3·

How To Deal With Online Defamation? l Defamation On Social Media

In an age where Facebook & Google reviews are CENTRAL to a business’ reputation, it can be particularly stressful for business owners to receive FAKE, or DEFAMATORY ONLINE REVIEWS on social media. Research shows that 1 negative review drives away 22% of prospects, around 30 customers. The percentage of lost customers increases with an increase…
  • Chern & Co.·
  • May 12, 2020 4:00 am·
  • 0·

Workplace Sexual Harassment Malaysia: FAQs on Workplace Harassment

Based on a recent survey, over a third of Malaysian women experienced sexual harassment at workplaces. In most cases, the victims chose to remain silent because of embarrassment, fear of retribution, or thought that speaking out would make no difference.   In this article, we aim to raise awareness on workplace sexual harassment from the law…
  • Chern & Co.·
  • May 7, 2020 6:33 pm·
  • 0·

CHERN & CO’S RESPONSE TO COVID-19.

A Message to Our Valued Clients & Visitors. Following the Government’s Movement Control Order (MCO) announced on 16.03.2020, we wanted to reach out with a brief update on how our team at C&C is working to ensure your service is 100% uninterrupted during this time. The law firm remains fully operational and accessible to existing…
  • Chern & Co.·
  • April 19, 2020 1:05 pm·
  • 0·