Chuar Kia Lin
About Chuar Kia Lin
Chuar Kia Lin appears as counsel of record in 3 reported Malaysia judgments (2024–2025). These were heard before MYHC (2) and MYFC (1).
On the court record
Chuar Kia Lin appears in the corpus as counsel in commercial disputes touching insurance regulation, arbitration and administrative-law procedure, argued from the High Court (Mahkamah Tinggi) up to the Federal Court (Mahkamah Persekutuan). In a Federal Court matter, appearing for the appellant, the dispute turned on regulatory consent for an insurance transaction: whether the failure to obtain the consent of the Minister of Finance under section 67 of the Insurance Act 1996 rendered the agreements void, whether the relevant statute was the one in force at the time of entry into the agreement or at the time of performance given the repeal of that Act by the Financial Services Act 2013, and whether Bank Negara's approval was equivalent to the Minister's approval. The apex court also examined conditional and contingent contracts under section 33 of the Contracts Act 1950 and restitution under section 66, and whether the agreements were void ab initio or became void and unenforceable only when the required approval was not obtained. A High Court matter, appearing for the plaintiff, concerned a stay of court proceedings pending reference to arbitration under section 10 of the Arbitration Act 2005, where one agreement carried an arbitration clause and another conferred jurisdiction on the Malaysian courts, requiring the court to work through whether there was a valid arbitration agreement, whether the proceedings fell within it, and whether the defendants had taken a step in the proceedings. A third High Court matter, appearing for the applicant, was an application to stay execution pending judicial review; the court framed the question in Malay — 'Adakah ujian adalah sama dengan penangguhan pelaksanaan penghakiman kewangan' (whether the test is the same as a stay of execution of a monetary judgment) — before recording that the 'Permohonan ditolak' (application was dismissed). The profile is one of commercial and regulatory litigation with a strong arbitration and statutory-construction character.
How many cases has Chuar Kia Lin appeared in?
Chuar Kia Lin appears as counsel of record in 3 reported Malaysia judgments (2024–2025).
Which courts does Chuar Kia Lin appear in?
Chuar Kia Lin appears before MYHC (2) and MYFC (1).
What regulatory question did the Federal Court matter raise?
Whether the absence of the Minister of Finance's consent under section 67 of the Insurance Act 1996 rendered the agreements void, which statute applied given the Act's repeal by the Financial Services Act 2013, and whether the agreements were void ab initio or only became unenforceable when consent was not obtained — with restitution considered under section 66 of the Contracts Act 1950.
How was the application to stay execution pending judicial review resolved?
The High Court framed the issue in Malay as 'Adakah ujian adalah sama dengan penangguhan pelaksanaan penghakiman kewangan' (whether the test is the same as a stay of execution of a monetary judgment) and recorded the outcome as 'Permohonan ditolak' (the application was dismissed).