Straight Talking.

JONATHAN K. CHERN

Jonathan K. is a qualified Malaysian lawyer with a strong international law firm background. His current practice encompasses all aspects of commercial law. He earned his Law Degree and Bachelor of Commerce (Accounting) from the University of Adelaide, Australia, in 2012.

Before embarking on his legal career, Jonathan gained valuable experience at Ernst & Young (EY). He then began practicing law at ZUL RAFIQUE & Partners, a well-respected commercial law firm in Kuala Lumpur, where he focused on employment law and dispute resolution.

Before founding Chern & Co., Jonathan served as a foreign lawyer at Tilleke & Gibbins (T&G), a leading international law firm based in Bangkok, Thailand. As a consultant in T&G’s Corporate & Commercial Practice Group (China Desk), he advised on a broad spectrum of corporate and commercial matters, including regulatory issues frequently encountered by international clients investing in Southeast Asia.

Reported Cases:

  • Geto Global Construction Tech Malaysia Sdn Bhd v Transkon Sdn Bhd & Anor [2024] MLJU 2396
  • Ahmad Nizar bin Safian v Malayan Banking Bhd [2024] MLJU 2264
  • Akademi Memandu Kist Sdn Bhd & Ors v. Messrs Mohamed A.Ali & Associates & Ors [2024] MLJU 1661
  • Wong Yiip Shaun (t/a Messrs YS Wong & Associates) v. Phang Xue Ying [2024] MLJU 762
  • Annadora Lumanta v. Esquire Synergy Sdn Bhd [6/4-362/2016]
  • ABS Solution (S) Pte Ltd v. Lim Teck Hoe & Anor [2022] MLJU 2483
  • Attitude Models & Production Sdn Bhd v. Jade Eservices Malaysia Sdn Bhd [2022] MLJU 958
  • Muhammad Muaz (suing in his own capacity & as a representative of the 34 purchasers of Residensi Sutera 7- Service Apartment) v. Modal Ehsan Sdn Bhd [2022] MLJU 2662
  • Muhammad Muaz (suing in his own capacity & as a representative of the 34 purchasers of Residensi Sutera 7- Service Apartment) v. Modal Ehsan Sdn Bhd [2022] MLJU 2138

Experience.

Corporate & Commercial Transactions

Jonathan has advised clients on a wide range of corporate and commercial matters, including:

  • Start-Up Advisory: Provided legal support to a Kuala Lumpur-based start-up from incorporation through to the launch of their mobile apps in Southeast Asia.

  • Aviation Expansion: Assisted an Indian airline in establishing its first international air service from Delhi to Bangkok, focusing on business operations and regulatory compliance.

  • Telecommunications Compliance: Guided a social network company on telecommunications laws, regulatory requirements, and data privacy for a joint venture in Bangkok, Thailand.

  • Telecommunication Equipment Installation: Advised a Japanese holding company on the legal requirements for installing telecommunication equipment and complying with data protection laws for international data transfers.

Commercial Litigation Experience

Jonathan has represented clients in various commercial litigation matters, including:

  • Worldwide Mareva Injunction: Acted for a Hong Kong-based investment consulting firm to secure a worldwide Mareva Injunction, freezing the assets of a company and its director/shareholder in a trading fraud case, pending arbitration at the Hong Kong International Arbitration Centre (HKIAC).

  • Class Action Against Property Developer: Represented purchasers in a class action suit against a Property Developer, successfully claiming liquidated ascertained damages (LAD) for delays in delivering vacant possession and common facilities, as stipulated in the SPAs, at the High Court of Shah Alam.

  • Eviction of Squatters: Successfully represented a landowner in eviction proceedings against squatters who had allegedly occupied the client’s land for 40 years, at the High Court of Shah Alam.

  • Guaranteed Rental Return (GRR) Dispute: Acted on behalf of residents against a Property Management Firm and Property Developer for breach of the GRR Scheme.

  • International Debt Recovery: Successfully represented a New Zealand corporation in a debt recovery claim against a foreign individual residing in Malaysia.

  • Injunction Proceedings: Successfully set aside an ex-parte injunction and resisted an inter-partes injunction on behalf of private clients at the Sessions Court of Georgetown, Penang.

Jonathan has also defended clients in commercial disputes involving allegations of fraudulent trading, conspiracy to defraud, dishonest assistance, and knowing receipt.

Advising Clients in Business Disputes

Jonathan regularly advises and represents clients in areas such as:

  • Injunctions and Committal Proceedings
  • Breach of Contract
  • Fraud and Partnership Disputes
  • Debt Recovery Actions
  • Landlord and Tenancy Disputes
Other Experience.

Publications

Jonathan regularly contributes to legal publications and research projects, including:

  • Contributor to AskLegal.my.
  • Participant in the World Bank’s research projects on “Investment, Doing Business in Thailand, and Real Estate.”
  • Co-Author of the Multilaw International Fintech Guide for Thailand.
  • Co-Author of a Bangkok Post article on “Safeguarding Women’s Welfare: Legal Entitlements of Female Employees in Thailand.”
Contact Us

Pro-Bono Work

Jonathan has provided pro-bono legal assistance to various charitable and social organizations, including:

  • Bangkok-Based Charitable Organization: Advised on VAT declarations, visa-related issues, and the eligibility for tax exemptions.
  • Vietnam-Based Social Enterprise: Assisted in establishing an investment fund, provided guidance on taxation matters, and reviewed the legality of routine core agreements. The enterprise focuses on empowering young women in Southeast Asia to lead change.