Chee Hoe & Associates

20/05/2026

We are pleased to announce that our team, led by our Partner, Chee Hoe, Deyvinah and Chris Low has successfully argued and secured a landmark victory before the Court of Appeal in Mayland Supreme Sdn. Bhd. v Beh Li Wan & 22 Ors (and 9 other related appeals).

The Court of Appeal's decision establishes critical legal boundaries concerning the Minister's powers under Section 38C of the COVID-19 Temporary Measures Act (Act A1641) and Section 35 of Act 829.

Broad grounds can be downloaded from the link below:

A.Brief Facts

13/05/2026

𝐃𝐨𝐞𝐬 𝐚 𝐩𝐚𝐫𝐞𝐧𝐭 𝐜𝐨𝐦𝐩𝐚𝐧𝐲’𝐬 𝐥𝐨𝐬𝐬 𝐣𝐮𝐬𝐭𝐢𝐟𝐲 𝐚 𝐬𝐮𝐛𝐬𝐢𝐝𝐢𝐚𝐫𝐲'𝐬 𝐫𝐞𝐭𝐫𝐞𝐧𝐜𝐡𝐦𝐞𝐧𝐭? ✈️

We are pleased to share a landmark decision from the Court of Appeal in the case of our client, a former co-pilot with AirAsia.

The court's unanimous ruling clarifies a critical boundary in employment law:

The separate legal entity principle. The court held that a subsidiary cannot justify retrenchment based on the consolidated losses of its parent company without standalone financial proof of its own hardship.

𝐊𝐞𝐲 𝐋𝐞𝐠𝐚𝐥 𝐓𝐚𝐤𝐞𝐚𝐰𝐚𝐲𝐬:
𝐒𝐭𝐚𝐧𝐝𝐚𝐥𝐨𝐧𝐞 𝐀𝐬𝐬𝐞𝐬𝐬𝐦𝐞𝐧𝐭: A subsidiary’s financial health must be assessed on its own merits.

𝐖𝐞𝐚𝐩𝐨𝐧𝐢𝐳𝐢𝐧𝐠 𝐌𝐞𝐝𝐢𝐜𝐚𝐥 𝐋𝐞𝐚𝐯𝐞: The court rightly noted that taking medical leave is a safety imperative—especially for pilots—not a performance failure to be used as a basis for dismissal.

𝐈𝐧𝐝𝐮𝐬𝐭𝐫𝐢𝐚𝐥 𝐅𝐚𝐢𝐫𝐧𝐞𝐬𝐬: Disregarding the "last-in, first-out" (LIFO) principle and failing to explore alternatives like retraining or unpaid leave demonstrates a lack of industrial fairness.

Justice for the employee was delayed, but ultimately not denied. Congratulations to the team, LAI CHEE HOE 赖志豪, Deyvinah Ganesalingam and Low Yen Hau, for their hard work on this case.

https://www.freemalaysiatoday.com/category/nation/2026/04/14/ex-airasia-pilot-wins-final-appeal-over-wrongful-dismissal

09/05/2026

𝐒𝐄𝐌𝐈𝐍𝐀𝐑 𝐑𝐄𝐂𝐀𝐏: 𝐒𝐓𝐑𝐀𝐓𝐀 𝐌𝐀𝐍𝐀𝐆𝐄𝐌𝐄𝐍𝐓 𝐒𝐄𝐑𝐈𝐄𝐒 𝟐 𝐨𝐟 𝟐𝟎𝟐𝟔

https://cheehoe.com/seminar-recap-strata-management-series-2-of-2026/

22/04/2026

𝐌𝐚𝐬𝐭𝐞𝐫𝐢𝐧𝐠 𝐒𝐭𝐫𝐚𝐭𝐚 𝐌𝐚𝐧𝐚𝐠𝐞𝐦𝐞𝐧𝐭: 𝐉𝐨𝐢𝐧 𝐮𝐬 𝐟𝐨𝐫 𝐒𝐞𝐫𝐢𝐞𝐬 𝟐!

We are excited to announce that our partner Chee Hoe will be speaking at the upcoming Strata Management Seminar 2026 (Series 2).

💡 𝐖𝐡𝐲 𝐬𝐡𝐨𝐮𝐥𝐝 𝐲𝐨𝐮 𝐣𝐨𝐢𝐧 𝐭𝐡𝐢𝐬 𝐬𝐞𝐬𝐬𝐢𝐨𝐧?

Strata management is becoming increasingly complex with new landmark court decisions and evolving regulations. He will be breaking down the "how-to" of high-stakes topics, including:

𝐔𝐧𝐢𝐟𝐨𝐫𝐦 𝐯𝐬. 𝐃𝐢𝐟𝐟𝐞𝐫𝐞𝐧𝐭 𝐑𝐚𝐭𝐞𝐬 𝐨𝐟 𝐂𝐡𝐚𝐫𝐠𝐞𝐬: Understanding the tests propounded by the Pearl Suria and Gurney Paragon cases.

𝐓𝐡𝐞 𝐇𝐚𝐧𝐝𝐨𝐯𝐞𝐫 𝐁𝐥𝐮𝐞𝐩𝐫𝐢𝐧𝐭: Navigating the transition from Developer to JMB/MC, including the statutory timelines and handling funds when accounts aren't yet open.

𝐀𝐆𝐌 𝐄𝐱𝐜𝐞𝐥𝐥𝐞𝐧𝐜𝐞:How to correctly convene the 1st AGM, meeting the 25% threshold, and dealing with tricky voting eligibility issues.

📅 𝐄𝐯𝐞𝐧𝐭 𝐃𝐞𝐭𝐚𝐢𝐥𝐬
Topic: Implementing Best Practices and Procedures for Strata Property Management
Date: 7 May 2026
Venue: Concorde Hotel Kuala Lumpur
CPD: 5 CPD Hours Applied (BOVAEP / LPPEH)

🎟️ Secure Your Spot
Take advantage of the Early Bird Rate of RM950 if you register by 30 April 2026! Groups of 3 or more also enjoy an additional 5% discount

We look forward to seeing you there and tackling these strata challenges together.

https://cheehoe.com/strata-management-seminar-2026-series-2-implementing-best-practices-and-procedures-for-strata-property-management/

To Register:
📧 Email: [email protected]
📱 WhatsApp: +6016 602 3379

24/03/2026

Our Partner Lai Chee Hoe will be speaking at the Housing Development Seminar 2026 (Series 1)! Join him and a panel of experts from the National Housing Department (KPKT) as we dive into the latest industry challenges and landmark legal decisions

📅 Date: 9 April 2026 (Thursday)
📍 Venue: Concorde Hotel, Kuala Lumpur
🎓 CPD Points: 5 CPD Hours Applied (BOVAEP / LPPEH) (p. 1)

This intensive 1-day seminar is designed for property developers, legal practitioners, project managers, and owners to stay ahead of the curve. His session will focus on:
Defects under the Housing Development Act:
How to handle SPA defects and possible defenses

Common Property Defects:
Understanding the mechanism and locus standi for claims

Other Key Topics include:
Developer duties regarding Housing Development Accounts (HDA)
The transition to E-SPA: Navigating E-Signatures and E-Stamping

Click below for more details:
https://cheehoe.com/housing-development-seminar-2026-series-1-how-to-ensure-the-best-practices-and-procedures-for-the-housing-development-sector/

26/02/2026

https://theedgemalaysia.com/node/794024

𝐖𝐚𝐭𝐞𝐫 𝐥𝐞𝐚𝐤𝐚𝐠𝐞 between semi-detached villas or strata units isn't just a maintenance issue — 𝐢𝐭'𝐬 𝐚 𝐥𝐞𝐠𝐚𝐥 𝐨𝐧𝐞

We are currently representing homeowners in a villa dispute in Bukit Kiara involving alleged seepage from a shared party wall that has persisted since 2021. This case highlights critical aspects of Strata Management Act 2013, including:

Mandatory Rectification: Owners' obligations to 𝐟𝐢𝐱 𝐥𝐞𝐚𝐤𝐬 𝐚𝐭 𝐭𝐡𝐞 𝐬𝐨𝐮𝐫𝐜𝐞.

The legal framework governing shared boundaries under the 𝟐𝟎𝟏𝟓 𝐒𝐭𝐫𝐚𝐭𝐚 𝐌𝐚𝐧𝐚𝐠𝐞𝐦𝐞𝐧𝐭 (𝐌𝐚𝐢𝐧𝐭𝐞𝐧𝐚𝐧𝐜𝐞 𝐚𝐧𝐝 𝐌𝐚𝐧𝐚𝐠𝐞𝐦𝐞𝐧𝐭) 𝐑𝐞𝐠𝐮𝐥𝐚𝐭𝐢𝐨𝐧𝐬 𝟐𝟎𝟏𝟓

If you are facing similar property defects, knowing your rights under the Strata Management Act is the first step toward a resolution.

19/02/2026

CHA wishes that the light of Ramadan guide you through the year ahead :)

19/02/2026

The Court of Appeal has set aside the High Court’s earlier decision, declaring certain resolutions from the first AGM "ultra vires" and void and sub-managing by the commercial component is not allowed.

Importantly, the ruling supports the fair imposition of different maintenance rates for residential vs. commercial properties—a vital win for fairness in mixed-development management.

A huge congratulations to the CHA team for their tireless work and strategic brilliance!

https://theedgemalaysia.com/node/792571

16/02/2026

CHA wishes everyone a happy Horse Year and hope it brings about speed, strength and resilience

06/02/2026

🏛️ 𝐋𝐚𝐧𝐝𝐦𝐚𝐫𝐤 𝐑𝐮𝐥𝐢𝐧𝐠: 𝐍𝐨 "𝐬𝐞𝐩𝐚𝐫𝐚𝐭𝐞" 𝐌𝐚𝐧𝐚𝐠𝐞𝐦𝐞𝐧𝐭 𝐝𝐮𝐫𝐢𝐧𝐠 𝐉𝐌𝐁
The Court of Appeal recently delivered a definitive judgment in the Gurney Paragon case, clarifying the "One Development, One Management" principle under the Strata Management Act 2013 (SMA).

𝐓𝐡𝐞 𝐃𝐢𝐬𝐩𝐮𝐭𝐞:
A developer and commercial owners established a separate management regime for the commercial component of a mixed development, leaving the Joint Management Body (JMB) to manage only the residential towers. The High Court initially allowed this, citing "fairness."

𝐓𝐡𝐞 𝐂𝐨𝐮𝐫𝐭 𝐨𝐟 𝐀𝐩𝐩𝐞𝐚𝐥'𝐬 𝐃𝐞𝐜𝐢𝐬𝐢𝐨𝐧:
The Court unanimously set aside the High Court's ruling, establishing several critical precedents:
✅ No "Contracting Out": Parties cannot use Sale and Purchase Agreements (SPAs) or AGM resolutions to bypass the law. The SMA mandates a single JMB and one set of accounts for a development area.
✅ Ultra Vires Actions: Any resolution to separate management or exclude the JMB from the commercial component is null and void.
✅ COB Limits: The Commissioner of Buildings (COB) has no power to validate a management structure that the law expressly prohibits.
✅ Retrospective Liability: Commercial owners remain statutorily liable for charges. The JMB must now regularise accounts by holding a fresh AGM to determine a "just and reasonable" 𝐝𝐢𝐟𝐟𝐞𝐫𝐞𝐧𝐭 𝐫𝐚𝐭𝐞 𝐨𝐟 𝐜𝐡𝐚𝐫𝐠𝐞𝐬 retrospectively.
✅ Common Property Control: All common property (including commercial facades and car parks) must be surrendered to the JMB's control.

𝐓𝐡𝐞 𝐓𝐚𝐤𝐞𝐚𝐰𝐚𝐲:
This ruling is a major win for JMBs/MCs nationwide, reinforcing that statutory duties take precedence over private contracts. Mixed-use developments must be managed as a single entity during the JMB period, regardless of developer arrangements.

Counsel for JMB: Lai Chee Hoe , Deyvinah and Low Yen Hau (Messrs Chee Hoe & Associates)
Counsel for Respondents: Ashok Kumar and Lim Chin Lun (Messrs Skrine)