Cheah Kha Mun

On the court record

Cheah Kha Mun appears in the reported corpus as a commercial and company litigator, with civil procedure, moneylending, land acquisition and shareholders' rights among the reported matters at the High Court and Federal Court. His procedural work is visible in an application to amend a writ and statement of claim to introduce new parties and additional causes of action — fraud, conspiracy, constructive trust and dishonest assistance — described as a tactical manoeuvre following a change of solicitors, raising how far such amendments should be allowed. His contract work includes a dispute over whether a loan offered under a loan agreement contravened the Moneylenders Act 1951, where the court examined the character of the transaction, and a matter on the setting aside of an injunction order and the assessment of damages flowing from it.

His reported work reaches the apex court and the internal affairs of companies. At the Federal Court he was engaged as appellant's counsel in a land-acquisition matter concerning the surrender of land, and whether the State Authority had failed to comply with the provisions of Part Twelve of the National Land Code such that the surrender of the surrendered area was invalid. In a company matter he appeared on a shareholders' right to convene an extraordinary general meeting and the entitlement to the Record of Depositors under sections 310(b) and 314 of the Companies Act 2016 and the Securities Industry (Central Depositories) Act 1991, and whether a company could refuse it. Across these reported decisions his work moves between the procedural conduct of litigation, the illegality of moneylending, land-acquisition compliance and shareholders' statutory rights, marking Cheah Kha Mun as a commercial and company litigator of broad range. Across these reported decisions the recurring thread is the substance behind an arrangement and the statutory rights that attach to it — whether a loan offends the moneylending legislation, whether an amendment is a genuine refinement or a tactic, whether a surrender of land complied with the Code — marking a broad commercial and company practice.