Commercial Litigation

Handling Fraudulent Misrepresentation: Insights from a Recent Case

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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

Guiding Clients Through Complex Litigation: Opposing a Stay of Execution & Enforcement

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Jonathan K represented our Client, a Singapore-based PLC, in this matter. The Kuala Lumpur High Court, presided by YA Tuan Yusrin Faidz bin Yusoff, ruled in favor of our Client after a full trial. On 11th June 2024, the High Court ordered the Defendants to pay our Client the following, among others: RM6,637,737.00 in damages RM100,000.00 … Read more

Our Client Secures Successful Outcome in Lawyer Negligent Case

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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

Kuala Lumpur High Court Orders Return of Luxury Genting Highlands Home to our Client

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

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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

Defending Our Singapore-Based Client Against Security for Costs Applications

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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

Fraudulent Misrepresentation in Business

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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