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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·
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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·
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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·
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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·
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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·
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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·
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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·