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
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
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 … 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
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
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 … Read more
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 … Read more